People's Sav. Inst. v. Miles
Court of Appeals for the Eighth Circuit
Jn Error to the Circuit Court of the United States for the District of South Dakota. This is an action of replevin brought by H. M. Miles, a citizen of South Dakota, the defendant in error, in the circuit court of Brule county, S. D.. against the People's Savings Institution, a corporation and citizen of the state of Pennsylvania, the plaintiff in error, to recover the possession of contain artesian well machinery, engines and boilers, and 2,800 feet of drive pipe.
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Jn Error to the Circuit Court of the United States for the District of South Dakota. This is an action of replevin brought by H. M. Miles, a citizen of South Dakota, the defendant in error, in the circuit court of Brule county, S. D.. against the People's Savings Institution, a corporation and citizen of the state of Pennsylvania, the plaintiff in error, to recover the possession of contain artesian well machinery, engines and boilers, and 2,800 feet of drive pipe. On the petition of ihe defendant the cause was removed into' the United States circuit court for the district of South Dakota.…
1Opinion of the CourtCaldwell, Circuit Judge
1. Under section 4889 of the Compiled Laws of South Dakota, the lower court rightly admitted Brule county to ffle its petition of intervention, claiming a part of the property in controversy. The court having the possession or control of the fund or property it had *254jurisdiction to entertain the petition of intervention and try the issues thereon, without regard to the citizenship of the parties in the main action, or to the amount in controversy under the petition of intervention. Moreover, the controversy arising on the petition of intervention was solely between the intervener and the…
2Cases cited6 opinions
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Union Pac. Ry. Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1894
- Railway Co. v. SheltonSupreme Court of Arkansas · 1893
- Pyeatt. v. PowellCourt of Appeals for the Eighth Circuit · 1892
- Purdin v. ArcherSouth Dakota Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- General Motors Acceptance Corp. v. HanahanSupreme Court of South Carolina · 1928
- Pitts Agricultural Works v. BakerSouth Dakota Supreme Court · 1898
- General Motors Acceptance Corp. v. HanahanSupreme Court of South Carolina · 1928