Insurance Company v. Pechner
Supreme Court of the United States
ERROR to the. Court of Appeals of the State of New York/ • On the 1st óf \June, 1867, Pechner sued the Phoenix Insurance Company, a Connecticut corporation, in the Supreme Court of’ Chemung County, in the State of New York, upon a policy of. insurance.
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ERROR to the. Court of Appeals of the State of New York/ • On the 1st óf \June, 1867, Pechner sued the Phoenix Insurance Company, a Connecticut corporation, in the Supreme Court of’ Chemung County, in the State of New York, upon a policy of. insurance. On the. 8th of' the following month, and at the -time of entering its appearance, the company presented to. the court • a petition, accompanied by the necessary security, for the removal of the cause to the Circuit Court of the United States. The petition, when taken iir connection with the pleadings, set forth sufficiently the citizenship-of…
1Opinion of the CourtChief Justice Waite
The application for removal in this case was made under sect. 12 of the Judi.ciaiy Act of 1789. 1 Stat. 79. That section, so far as it is. important fot the determination of this case, reads as follows: —
“If a suit be commenced in any State court ... by a citizen óf the State in which the suit is brought against a citizen of another State, . . . and the defendant shall, at the time of entering his appearance in such State court, file a petition for the removal of the cause for trial into the next Circuit Court, ... it shall then- be the duty of the State court to . . . proceed no further in…
2Cited by92 opinions
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- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
- Gary Reece v. Bank of New York MellonCourt of Appeals for the Eighth Circuit · 2014
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