Cases Argued and Determined in the Circuit and District Courts of the United States (Volume 9); For the Seventh Judicial Circuit. by Josiah H. Bissell 1851-1883 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1882 Excerpt: ... Ryan vs. Young. MARTIN RYAN vs. JAMES YOUNG et al. Circuit Coukt--Northern District Of Illinois--July, 1879. In Equity. Kemovai, Of Cause.--Where a suit, commenced in a State Court, is removed to the United States Circuit Court, and it appears to the satisfaction of said Circuit Court that such suit docs not really and substantially involve a dispute or controversy properly within the jurisdiction of the Circuit Court, it is the duty of the court to dismiss or remand the cause. So where it appears that the real substantial controversy in the suit, is between citizens of the same state, and that the non-resident party upon whose petition the cause was removed has parted with his interest, the Federal Court will remand the cause to the State Court. R. II. FoiTester, for complainant. George H. Leonard and Samuel Ashton, for defendants, citing "Dillon's Removal of Causes from State to Federal Courts," 19, 28, and 77. That the Act of March 3, 1875, did not repeal the second and third subdivisions of section 039 of the Revised Statutes of the United States; Neu Jersey Zinc Co. vs. Trotter, 17 American Law Register, N. S. 376; Cooke vs. Ford, 16 Id. 417. Harlan, J.--This suit was commenced in the Circuit Court of Cook County, and upon the petition of the defendant, Young, a citizen of Iowa, it was removed to this court for hearing. The complainant, Ryan, and the defendant, Jtovd, are both citizens of Illinois, while the defendant InRyan vs. Young. surance Company is a corporation created by the laws of Connecticut. Upon looking into the pleadings and depositions, I find the following facts satisfactorily proven: 1. Lee and wife being indebted to the insurance company in the sum of $3,500, evidenced by Lee's bond for that amount. due January 28, 1872, with interest...