Winslow v. . Collins
Supreme Court of North Carolina
Motion to remove cause to Federal Court, heard before Brown, J., at Fall Term, 1891, of PkrquimaNS Superior Court. At the appearance term, the plaintiff having filed his complaint alleging two distinct causes of action, one for $2,000 and the other for $600, the defendants in apt time presented their petition and an appropriate.bond in that connection, praying that the action be removed to the Circuit Court of the United States in and for the Eastern District of North…
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Motion to remove cause to Federal Court, heard before Brown, J., at Fall Term, 1891, of PkrquimaNS Superior Court. At the appearance term, the plaintiff having filed his complaint alleging two distinct causes of action, one for $2,000 and the other for $600, the defendants in apt time presented their petition and an appropriate.bond in that connection, praying that the action be removed to the Circuit Court of the United States in and for the Eastern District of North Carolina, upon the ground that the plaintiff is and was at the time of bringing this action a cilizen and resident of that…
1Opinion of the Court
Merrimon, C. J.:
Plainly, if the Court had not allowed the amendment of the complaint as to the second cause of action alleged, the Circuit Court of the United States might have taken jurisdiction of the action upon the ground of the diverse citizenship of the parties, and that the matter in dispute exceeded, exclusive of interest and costs, the sum of two thousand dollars. Hence, but for that amendment, the defendants were entitled to have their application to remove the action allowed. So that the question raised by the assignment of error is, bad the Court authority to entertain and allow…
2Cases cited8 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Kern v. HuidekoperSupreme Court of the United States · 1881
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3Cited by12 opinions
- Corporation Commission v. . R. R.Supreme Court of North Carolina · 1909
- Mecke v. Valley Town Mineral Co.U.S. Circuit Court for the District of Western North Carolina · 1898
- Higson v. North River InsuranceSupreme Court of North Carolina · 1910
- Powell v. . WatkinsSupreme Court of North Carolina · 1916
- Higson v. . Insurance Co.Supreme Court of North Carolina · 1910
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