Fountain v. Detroit, M. & T. S. L. Ry. Co.
District Court, N.D. Ohio
At Raw. Action by Noah Fountain, as administrator of the' estate of Clarence J. Fountain, deceased, against the Detroit, Monroe & Toledo Short Line Railway Company. On motion to dismiss.
1Opinion of the Court
DAY, District Judge.
This suit was 'commenced in the common pleas court of Lucas county and later removed by the defendant to this court. The defendant, now appearing solely and specially for the purposes of the motion now under consideration, moves for an order vacating and setting, aside the summons and service of summons by the sheriff of Lucas county.
[1] It is well established that, where a suit has been commenced in the state court and afterwards removed to the federal court, the sufficiency of the process can be raised in a proper manner after the removal. Murphy et al. v.…
2Cases cited6 opinions
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
- Mechanical Appliance Co. v. CastlemanSupreme Court of the United States · 1910
- Clark v. WellsSupreme Court of the United States · 1906
- Murphy v. Herring-Hall-Marvin Safe Co.U.S. Circuit Court for the District of Nevada · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Little v. KeatonCourt of Appeals for the Tenth Circuit · 1930
- Leonard v. OppenheimDistrict Court, S.D. Ohio · 1939
- New York, N. H. & H. R. v. Railway Employees' DepartmentDistrict Court, D. Connecticut · 1923