Anderson v. Gerding
U.S. Circuit Court for the Southern District of Georgia
At law. This was a petition for the writ of certiorari filed by defendant Gerding, under section 7 of the act approved March 3, 1S75, entitled “An act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from state courts, and for other i purposes,” (IS Stat. 470.) The petition stated, in substance, that Anderson, Starr & Co., a firm all of whose members were citizens of the state of New York, on February 25, 1879,…
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At law. This was a petition for the writ of certiorari filed by defendant Gerding, under section 7 of the act approved March 3, 1S75, entitled “An act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from state courts, and for other i purposes,” (IS Stat. 470.) The petition stated, in substance, that Anderson, Starr & Co., a firm all of whose members were citizens of the state of New York, on February 25, 1879, brought against the petitioner Gerding, who was a citizen of the .state of Georgia, three several suits in the superior court…
1Opinion of the Court
WOODS, Circuit Judge.
The state court refused to consolidate the three causes brought against the defendant Gerding. The motion made for that purpose was addressed to the sound discretion of that court: Lewis v. Daniel, 45 Ga. 124. The action of the state court on the motion cannot, therefore, be reviewed by this court. The petition for cer-tiorari is, therefore, to be considered just as if the motion to consolidate had not been made, and the question is, are the causes, or either of them, removable under the act of March 3, 1875. The plaintiffs and the defendant are citizens of different…
2Cases cited4 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Troy v. EvansSupreme Court of the United States · 1878
- Lewis v. DanielSupreme Court of Georgia · 1872
3Cited by2 opinions
- Greene v. KlingerUnited States Circuit Court · 1882
- Waltman v. Union Central Life Ins.District Court, N.D. Texas · 1928