AKERS, EXECUTOR
v.
AKERS
AKERS, EXECUTOR
AKERS
117 U.S. 197
Supreme Court of the United States (1886)
Positive Treatment
Also reported at: 29 L. Ed. 888 · 6 S. Ct. 669 · SCDB 1885-163 · 1886 U.S. LEXIS 1824
Cited by 19 cases
Opinion of the Court
Mr. Chief Justiob Waite delivered the opinion of the court.
The order remanding this cause is affirmed on the authority of Gibson v. Bruce, 108 U. S. 561, it being admitted that both the plaintiff and the defendant were citizens of Tennessee at the time the suit was brought. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
-
Kinney v. Columbia Sav. & Loan Ass'n, 191 U.S. 78 (U.S. 1903)…f just such a suit. True, this court, construing the statute, has held that the' difference of citizenship must exist both at the commencement of the suit and at the filing of the petition for removal. Gibson v. Bruce, 108 U. S. 561; Akers v. Akers, 117 U. S. 197; Stevens v. Nichols, 130 U. S. 230. But this does not-change the fact that the language of the petition follows that of the statute in. stating the existence of that which the statute makes the basis of a right of removal. It is also true that when…
-
Almenares v. Wyman, 453 F.2d 1075 (2d Cir. 1971)…luding all questions, state or federal. See United Mine Workers v. Gibbs, supra. The presence of additional parties over whom federal jurisdiction would not otherwise exist does not change this. See, e. g., Phelps v. Oaks, 117 U.S. 236, 6 S.Ct. 714, 29 L.Ed. 888 (1886); Dery v. Wyer, 265 F. 2d 804 (2 Cir. 1959); Walmae Co. v. Isaacs, 220 F. 2d 108 (1 Cir. 1955). . See Wilson v. American Chain & Cable Co., 364 F. 2d 558 (3 Cir. 1966); Newman v. Freeman, 262 F.Supp. 106 (E.D.Pa.1966). . In Snyder v. Harris,…
-
Stevens v. Nichols, 130 U.S. 230 (U.S. 1889)…which the plaintiff was, at those respective dates, a citizen. Gibson v. [*232] Bruce, 108 U. S. 561, 562; Houston & Texas Central Railway v. Shirley, 111 U. S. 358, 360; Mansfield, Coldwater &c. Railway v. Swan, 111 U. S. 379, 381; Akers v. Akers, 117 U. S. 197. 3. The petition for removal does not allege the citizenship of the parties except at the. date when it was filed, and it is not shown elsewhere in the record that Stevens and Mirick were, at the commencement of the action, citizens of a State othe…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gibson v. Bruce, 108 U.S. 561 (U.S. 1883)