The Removal of Causes From the Courts of the Several States to the Circuit Court
The Removal of Causes From the Courts of the Several States to the Circuit Court
Barnabas C Moon
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& St. P. Ry. Co. , 32 Fed. 673. "Re Pennsylvania Co. , 137 U. S. 451, 11 Sup. Ct. 141, 34 L. 738, as quoted in note 16 to the preceding section. ^Ante § 8. ^"Dictum in United States i\ Kentucky River Mills, 45 Fed. 273, 275. ^ Carpenter v. Northern Pac. R. Co. , 75 Fed. 850, followed in Sullivan v. Barnard, 81 Fed. 886; Shinney v. North American Sav- ings, L. & B. Co. , 97 Fed. 9. ^■^ Ante § 81, especially in note 11. 11 Raker, J. , in Riy v. Peirce, 81 Fed. 881, followed by decisions by . Judg...e Thompson, and Judge Taft, cited ante § 81, note 8. 12 Preceding section, note 10. 154 THE REMOVAL OF CAUSES. [§83 considered that there is no exception to the general rule tliat, for a suit to be removable from a State court to a Circuit Court of the United States, the matter in dispute tlierein must exceed the sum or value of -12, 000, exclusive of interest and costs.^^ It has been held by Judge Purnell, but the holding — as the author believes — is not warranted by any statute of the United States or decision of the Supreme Court, that where a non-resident stockholder procures the appointment of a re- ceiver for a domestic corporation by a Federal Court, such Court has authority to order the removal thereto of all suits pending in the State courts against such corporation, without reference to the citizenship of the parties or the sum in con- troversy — ignoring every restriction upon removal prescribed by the statute of the United States.
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