Rush v. Cobbet
Supreme Court of Pennsylvania
A Summons in case, founded on a libellous publication by the defendant, in a weekly paper, issued, returnable to last term. A petition was then filed by him, stating that he was a subject to the kind of Great Britain, and that the matter in controversy exceeded the value of 500 dollars, exclusive of costs; and praying for the removal of the cause of trial into the next Circuit Court of the United States, to bo held for the district of Pennsylvania.
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A Summons in case, founded on a libellous publication by the defendant, in a weekly paper, issued, returnable to last term. A petition was then filed by him, stating that he was a subject to the kind of Great Britain, and that the matter in controversy exceeded the value of 500 dollars, exclusive of costs; and praying for the removal of the cause of trial into the next Circuit Court of the United States, to bo held for the district of Pennsylvania. The facts contained in the defendant’s petition, were verified by his affidavit. The argument was then continued, for want of time.
1Opinion of the Court
By the court.
The .words of the act of congress, under which the present motion is founded, are, “ that the matter in dispute, “ exceeds the sum or value of 500 dollars, exclusive of costs, to be made to appear to the satisfaction of the court. ” It is not similar to the removal of an action inthe Court of Errors and Appeals of this state, under the "act of 13th April 1791, (3 Dall. St Laws, 98,) for these the affidavit of the party or his agent, that the matter in controversy exceeds 400 dollars, is declared to be sufficient. How can the court be satisfied, that the present cause of action…
2Cited by1 opinion
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