Chicago, Rock Island & Pacific Railway Co. v. Stone & Bronnenberg

Citations

• 70 Kan. 708
• 79 P. 655
• 1905 Kan. LEXIS 34

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Removal of Cause — Instant Operation of Petition and Bond. The filing of the requisite petition for removal, accompanied by a legal and sufficient bond, instantly operates to transfer a removable case from the state to the federal court.</p> <p>2. - Amendment of Amount Claimed Ineffectual. A plaintiff who has demanded a recovery from defendant of more than $2000 cannot defeat a removal by an amendment of his petition reducing the amount of his demand, after a proper and sufficient petition and bond for a removal have been filed.</p> <p>3. -Amount in Controversy Defined. In actions for unliquidated damages the amount in controversy is ordinarily the amount which the plaintiff in' good faith demands, and where the law prescribes no limitation on the extent of the recovery the determination of the amount of recovery rests with the court and jury trying the case.</p>