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146 U.S. 355

Joy v. Adelbert College

Supreme Court of the United States

Submitted November 28, 1892.

Decided December 5, 1892.

Supreme Court of the United States · decided 1892-12-05

Motion to dismiss. On behalf of the motion it was stated that the suit was originally brought in the Court of Common Pleas of Lucas County, Ohio, by the Adelbert College against •the Toledo, Wabash and Western Eailroad Company and other defendants, including the plaintiffs appellants; that on the 2d of December, 1890, petitions for its -.removal to the Circuit Court of the United States were filed by each of the. present appellants on the ground that, “ from prejudice or…

2 counsel of record

Relies on McLish v. Roff · Gurnee v. Patrick County · Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Roberts

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 9–0 · Decided 1892-12-05

How this case has been cited

Cited by 16 later decisions (3 by the Supreme Court) — most recently March 1988

6 federal appellate ·

701892190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO.

¶2This court has no jurisdiction of an appeal from a judgment of a Circuit Court remanding to a state court a cause which had been improperly removed from it.

¶3Motion to dismiss. On behalf of the motion it was stated that the suit was originally brought in the Court of Common Pleas of Lucas County, Ohio, by the Adelbert College against •the Toledo, Wabash and Western Eailroad Company and other defendants, including the plaintiffs appellants; that on the 2d of December, 1890, petitions for its -.removal to the Circuit Court of the United States were filed by each of the. present appellants on the ground that, “ from prejudice or local *356influence this defendant will not be able to obtain justice in the said state court situated in the county of Lucas, or in any other state court in which the said defendant may have the right to remove said cause on account of such prejudice or local influence ” ; that thereupon an order of removal was made, and the record was filed in the Circuit Court January •21, 1891; that thereupon motions were made in the Circuit Court to remand the cause to the Court of Common Pleas; that, the motions having been submitted upon briefs, an opinion was filed by Jackson, Circuit Judge, granting the same, and an order was' entered in the Circuit Court of the United States finding that that court was without jurisdiction to entertain and grant the said petitions for removal, and that the cause had been illegally removed from the Court of Common Pleas of Lucas County, and it was accordingly remanded to that court for further proceedings.

¶4■ The appellants Jóy and others,- by their solicitors, excepted, and prayed an appeal to this court, which was allowed and ordered.

¶5On the 10th day-of November, 1891, there was filed in the Clerk’s office of the Circuit Court of the United States, for-the Northern District of Ohio, Western Division, á certificate of the Circuit Judge, to the effect that “ the court is of opinion that the citizenship of the various parties hereto as shown by the record and affidavits filed herein is such that -this court .has no jurisdiction of the cause, and on this ground alone the court granted said motion and orders said cause Jo be remanded to the said Court of Common Pleas of • Lucas County,” whereupon said moving defendants having given notice of appeal on said question of jurisdiction, made application to the court for a certificate, which was. accordingly granted. . An assignment of errors was filed on the same day in the same court. i

¶6Mr. George Hoadfoj and Mr.. John. O. F. Gardner for the. motion. .

¶7No one opposing.

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