Wichita Nat. Bank v. Smith
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of tlie United States for the District of Kansas. This action was brought in the district court of Sedgwick county, Kan., -by Sylvester Smith, the defendant in error, against the Wichita National Bank, a banking association established under the laws of the United States, located at Wichita, in the state of Kansas, for the recovery of $5,000 damages for the alleged wrongful conversion of a mortgage coupon bond by the bank.
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In Error to the Circuit Court of tlie United States for the District of Kansas. This action was brought in the district court of Sedgwick county, Kan., -by Sylvester Smith, the defendant in error, against the Wichita National Bank, a banking association established under the laws of the United States, located at Wichita, in the state of Kansas, for the recovery of $5,000 damages for the alleged wrongful conversion of a mortgage coupon bond by the bank. The bank was duly served with a summons in the action on the 15th day of March, 180,'!, and filed its answer on the 11th day of April, 1891.…
1Opinion of the CourtCaldwell, Circuit Judge
The removal of the case from the state to the federal court is attempted to be supported upon two grounds. The first contention is that the removal can be sustained upon the ground that the parties to the action are citizens of different states; but that is a ground of removal only where the defendant is a nonresident of the state in which the suit is brought. Thurber v. Miller, 14 C. C. A. 432, 67 Led. 371. The hank could not remove the suit upon this ground for the reason that by the provision of section 4 of the act of congress of March 3, 1887 (24 Stat. 552, c. 373), as corrected by the…
2Cases cited7 opinions
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Postal Telegraph Cable Co. v. AlabamaSupreme Court of the United States · 1894
- Petri v. Commercial Nat. Bank of ChicagoSupreme Court of the United States · 1892
- Houston & Texas Central Railway Co. v. ShirleySupreme Court of the United States · 1884
- Thurber v. MillerCourt of Appeals for the Eighth Circuit · 1895
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3Cited by24 opinions
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- Steele v. HalliganDistrict Court, W.D. Washington · 1916
- Speckart v. German Nat. BankU.S. Circuit Court for the District of Kentucky · 1898
- Moulton v. National Farmers' Bank of OwatonnaDistrict Court, D. Minnesota · 1928
- Bailen v. DeitrickCourt of Appeals for the First Circuit · 1936
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