Whitcomb v. Smithson
Citations
- 175 U.S. 635
- 20 S. Ct. 248
- 44 L. Ed. 303
- 1900 U.S. LEXIS 1711
Syllabus
<p>On the facts, as stated below, it is held that the action of the Circuit Court in remanding the cause after its removal on the first application is not open to revision on this writ of error; and that, as the state court did not err in denj'ing the second application, the motion to affirm must be sustained, as the question of the effect of that remanding order gave color for the motion to dismiss.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that the directed verdict did not make the cause removable because “It was adverse to plaintiff, and without his assent”
- holding that a case does not become removable 21 when complete diversity is established by directed verdict because that is involuntary
- holding that a “ruling on the merits ... adverse to plaintiff, .and without his assent ... did not operate to make the cause then removable”
- involuntary dismissal of a nondi-verse defendant by the court’s grant of a directed verdict does not create grounds for removal
- “This was a ruling on the merits, and not a ruling on the question of jurisdiction. . . . [I]t did not operate to make the cause then removable.”
- instructed verdict in favor of non-diverse defendant
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuller, After Stating the Case
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.