Legal Opinion

Fidelity Trust & Safety-Vault Co. v. Newport News & M. V. Co.

U.S. Circuit Court for the District of Kentucky

Decided July 9, 1895PublishedCited by 7 opinions

This was a suit brought in the common pleas division of the Jefferson circuit court, state of Kentucky, by the Fidelity Trust & Safety-Vault Company against the Newport News & Mississippi Valley Company. The case was removed by defendant .to this court, and plaintiff has made a motion to remand it to the state court.

1Opinion of the Court

BARK, District Judge.

This case is submitted on motion of plaintiff to remand the case to the state court from whence it came. It appears that the petition was filed in the common pleas division of the' Jefferson circuit court on May 2, 1894; that summons was issued on same day, and executed upon Holmes Cummings, the sheriff making the following return:

“Came to hand May 2nd, 1894, at 4:40 p. m. Executed May 5th, 1804, on the Newport News & Mississippi Valley Company, by delivering to Holmes Cummings, its general attorney for the state of Kentucky, a copy of the within summons, said Cummings…

2Cases cited4 opinions

  1. Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
  2. Kansas City, Fort Scott & Memphis Railroad v. DaughtrySupreme Court of the United States · 1891
  3. Wilcox & Gibbs Guano Co. v. Phoenix Ins. Co.U.S. Circuit Court for the District of South Carolina · 1894
  4. Wabash Western Ry. v. BrowCourt of Appeals for the Sixth Circuit · 1895

3Cited by7 opinions

  1. Youtsey v. HoffmanU.S. Circuit Court for the District of Kentucky · 1901
  2. Marking v. New St. Louis & Calhoun Packet Co.District Court, W.D. Kentucky · 1943
  3. Fidelity & Casualty Co. v. HubbardU.S. Circuit Court for the District of Western Virginia · 1902
  4. Chicago, R. I. & P. Ry. Co. v. BrazzellSupreme Court of Oklahoma · 1912
  5. Hager v. New York Oil Co.District Court, W.D. Washington · 1927

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