Wabash Western Ry. v. Brow
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. In September, 1892, Joseph Brow filed his declaration in the circuit court for Wayne county, Mich., against the Wabash Western Railway, seeking to recover $20,000 damages for a personal injury caused, as he alleged, by defendant’s negligence.
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. In September, 1892, Joseph Brow filed his declaration in the circuit court for Wayne county, Mich., against the Wabash Western Railway, seeking to recover $20,000 damages for a personal injury caused, as he alleged, by defendant’s negligence. On the 24th of the same month the sheriff of the county duly served Fred J. Hill, as agent of the defendant, with a copy of the declaration, and a notice to appear and plead in 20 days. On October 7th the defendant filed its petition for removal as follows: “To the…
1Opinion of the CourtTaft, Circuit Judge
Can a defendant, who makes no objection to the jurisdiction of the state court over his person, and who files a petition for removal to the federal court, be heard to urge in the latter court that the state court acquired no jurisdiction over him because of defective sendee? The twelfth section of the judiciary act of 1789, giving the right of removal, was worded as follows:
“That if a suit be commenced in any state court against an alien or by a citizen of the state in which the suit is brought against a citizen of another state and the matter in dispute exceeds the aforesaid sum or value of…
2Cases cited35 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Bushnell v. KennedySupreme Court of the United States · 1870
- Pollard & Pickett v. DwightSupreme Court of the United States · 1808
- Bank of the Valley v. Bank of BerkeleyWest Virginia Supreme Court · 1869
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3Cited by11 opinions
- Reddington v. RafterySupreme Court of Iowa · 1914
- Baltimore & O. R. v. HenthorneCourt of Appeals for the Sixth Circuit · 1896
- Kinne v. LantU.S. Circuit Court for the District of Eastern Michigan · 1895
- Southern Ry. Co. v. ClarkCourt of Appeals for the Sixth Circuit · 1916
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
6 more not listed; retrieve them via the Exa API.