Kinney v. Columbia Savings & Loan Ass'n
Supreme Court of the United States
APPEAL .PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE DISTRICT' OP UTAH. On August 25, 1899, appellants commenced this suit in the District Court of Salt Lake County, Utah. By it plaintiffs sought an accounting and the cancellation of a deed of trust „ executed by them to a trustee for the benefit of the defendant. The complaint alleged that “the defendant was and now is a corporation organized and existing under the laws of the State of Colorado.”
Read the full summary
APPEAL .PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE DISTRICT' OP UTAH. On August 25, 1899, appellants commenced this suit in the District Court of Salt Lake County, Utah. By it plaintiffs sought an accounting and the cancellation of a deed of trust „ executed by them to a trustee for the benefit of the defendant. The complaint alleged that “the defendant was and now is a corporation organized and existing under the laws of the State of Colorado.” The deed of trust (copied in the complaint) was executed November 22, 1890, and purports to be “between Antoinette B. Kinney and Clesson S.…
1Opinion of the CourtJustice Bbewee
Had the Federal court the power to permit the amendment of the petition for removal.?. • The suit was removable. Diverse citizenship in fact existed and the amount in controversy was over $2,000. The right to remove existed, but the petition for removal was defective. If it had been sufficient there would have been no need of amendment. The question is whether it was so defective as to be incurable. In other words, was the case one in which the court had power to permit the facts to be stated in order to secure to the defendant the removal to which it. had a right ? By section 1 of chap. 866,…
2Cases cited14 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Robertson v. CeaseSupreme Court of the United States · 1878
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
- Carson v. DunhamSupreme Court of the United States · 1887
- Stevens v. NicholsSupreme Court of the United States · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- Billy Joe Shaw v. Dow Brands, Inc.Court of Appeals for the Seventh Circuit · 1993
- C. L. Whitelock v. Delbert LeathermanCourt of Appeals for the Tenth Circuit · 1972
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- Northern Illinois Gas Company, an Illinois Corporation v. Airco Industrial Gases, a Division of Airco, Inc., a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1982
117 more not listed; retrieve them via the Exa API.