People ex rel. Kanouse v. Judges of New-York Common Pleas
New York Supreme Court
John M. Martin commenced án action of assumpsit against die relator, Cornelius Kanouse, in the New-York common pleas, by filing and serving a declaration in which the damages were laid at $1000. Kanouse appeared and filed a petition stating that the plaintiff was a citizen of this state, and the defendant a citizen of the state of New-Jersey, and praying to have the cause removed to the circuit court of the United States for the southern district of New-York.
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John M. Martin commenced án action of assumpsit against die relator, Cornelius Kanouse, in the New-York common pleas, by filing and serving a declaration in which the damages were laid at $1000. Kanouse appeared and filed a petition stating that the plaintiff was a citizen of this state, and the defendant a citizen of the state of New-Jersey, and praying to have the cause removed to the circuit court of the United States for the southern district of New-York. The court of common- pleas held that the damages laid in the declaration were to he regarded, prima facie, as the amount in dispute,…
1Opinion of the Court
'By the Court, Bronson, Oh. J.
•Certain suits commenced in a state court, when the matter in dispute exceeds the sum oi value of five hundred dollars, exclusive of costs, to be made to appear to the satisfaction of the court, may be removed into a circuit court of the U. S. (Story’s Laws, 57, § 12.) In assump here nothing appears, to the contrary, the damages laid in .eclaration are presumptively the amount in dispute, and ld regulate the action of the state court on a motion to re*199move the cause. But that is not a conclusive presumption. It may be overcome by other evidence. And in this case…
2Cases cited1 opinion
- Spraggins v. HumphriesU.S. Circuit Court for the District of Tennessee · 1812
3Cited by6 opinions
- Norton v. HayesNew York Supreme Court · 1847
- Hough v. Western Transp. Co.U.S. Circuit Court for the Northern District of Illnois · 1864
- People ex rel. Glens Falls Insurance v. Judge of Jackson Circuit CourtMichigan Supreme Court · 1870
- Perry Manuf'g Co. v. BrownU.S. Circuit Court for the District of Massachusetts · 1847
- Clarkson v. MansonNew York Marine Court · 1880
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