Waters v. Central Trust Co.
Citations
- 126 F. 469
- 62 C.C.A. 45
- 1903 U.S. App. LEXIS 4338
Syllabus
<p>1. Courts — Jurisdiction—Special -Appearance.</p> <p>Where, in an action against a nonresident in a state court, its attorney was directed to appear solely for the purpose of removing the cause to the federal court, and on the last day for filing an answer in the cause such attorney filed a petition for removal and a removal bond, and applied to the judge for an order of removal, and when, over objection, the court postponed the hearing on the application for a. removal to the following week, the attorney believing it necessary to sustain his right to removal, and, for that purpose only, orally asked for and obtained an extension of time to plead, such application for time should be construed as an application for an extension of time to appear for the purpose of pleading to the jurisdiction or otherwise, and therefore did not constitute an appearance sufficient to confer jurisdiction.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “there is a risk that absent [a] class action, certain investors would be unable to adjudicate their claims” where some class members’ investments are smaller
- approving class definition consisting of those investing in financial instruments who were “damaged thereby,” despite defendants’ argument that lead plaintiffs are unable to demonstrate damages
- “[T]he mere fact that claims could be asserted independently is not a reason to defeat class certification.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Townsend
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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