Legal Opinion

Warner v. Pennsylvania R.

U.S. Circuit Court for the District of Southern New York

Decided January 7, 1876PublishedCited by 7 opinions

[This was a suit by Charles P. Warner against the Pennsylvania Railroad Company. Heard on a motion to remand the case to the state court.]

1Opinion of the Court

JOHNSON, Circuit Judge.

The plaintiff applies to have this cause remanded to the state court, upon the ground that this court has no jurisdiction, the defendant being a corporation created under the laws of Pennsylvania, and, therefore, not an inhabitant of this district, nor capable of being found therein, within the meaning of section 1 of the act of March 3, 1875 (18 Stat. 470). But, this view assumes that the jurisdiction of the court in respect to causes removed is limited in the same way, in respect to inhabitancy and being found in the district, as it is in respect to suits originally…

2Cited by7 opinions

  1. First National Bank of Wausau v. ConwayWisconsin Supreme Court · 1886
  2. Virginia-Carolina Chemical Co. v. Sundry Ins. Cos.U.S. Circuit Court for the District of South Carolina · 1901
  3. Dwight v. Central Vermont R.United States Circuit Court · 1881
  4. Erwin v. WalshU.S. Circuit Court for the District of Connecticut · 1886
  5. Livingston v. Frick & Co.Supreme Court of Georgia · 1886

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