W. T. Hughes & Co. v. Peper Tobacco Warehouse Co.

Citations

• 126 F. 687
• 1903 U.S. App. LEXIS 5197

Syllabus

<p>1. Removal op Causes — Amount in Controversy — Remand.</p> <p>Act March 3, 1887, c. 373, § 6, 24 Stat. 555 [U. S. Comp. St. 1901, p. 511], provides that if in any suit removed from a state court to the United States Circuit Court it shall appear, at any time after such suit has been removed, that it does not involve a controversy within the jurisdiction of the court, the Circuit Court shall proceed no further, but shall dismiss the suit or remand it to the court from which it was removed. Hold, that where a suit in which plaintiff demanded $2,250 was removed to the Circuit Court, and after the removal plaintiff filed a supplemental pleading, alleging that there was a bona fide error in the account on which the complaint was based of $448.75, which reduced the claim to less than the amount necessary to give the Circuit Court jurisdiction, the case would he remanded to the state court.</p>