The Federal Reporter. Volume 55 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. May-July, 1893. Page: 1
xv, 1024 p. ; 23 cm.View a full description of this legislative document.
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CASES
ARGUED AND DETERMINED
IN THE
UNITED STATES CIRCUIT COURTS OF APPEALS AND THE
CIRCUIT AND DISTRICT COURTS.
SHERWOOD et al. v. NEWPORT NEWS & M. VAL. CO. et al.
(Circuit Court, W. D. Tennessee. April 8, 1893.)
No 3,088.
REMOVAL OF CAUSEs-ALIEN PLAINTIFFS
Under the judiciary act of 1887, as corrected by the act of August 13,
1888, (25 St. p. 433,) a suit brought by alien plaintiffs against corporation
defendants not chartered by the state in which suit is brought may be
removed to the federal court by such defendants.
At Law. Action by John Sherwood & Co. against the Newport
News & Mississippi Valley Company and the Chesapeake & Ohio
Railroad Company, defendants. The case was removed to the
federal court on application of the defendants, and was heard on
"a plea in abatement of the petition for removal," according to a
stipulation of the parties. Judgment for defendants.
Statement by HAMMOND, J.:
This suit was originally commenced in the circuit court of Shelby county,
Tenn. By the writ the sheriff was "commanded to summon the Newport
News & Misss.sippi Valley Company and the Chesapeake & Ohio Railway
Company, corporations organized under the laws of other states, but doing
business in Tennessee by officers and agents, * * * to answer John Sher-
wood & Co., a firm composed of John Sherwood and Richard Thompson;"
and the declaration subsequently filed avers that "the plaintiffs, John Sher-
wood and Richard Thompson, composing the firms of John Sherwood & Co,
and Sherwood, Thompson & Co, being then engaged in the business of buy-
ing, shipping, and selling cotton in bales, with offices and places of business
within the city of Memphis, Tenn, Liverpool, Eng., and elsewhere, and buy-
ing largely at said Memphis for foreign shipment, on the days aforesaid made
freight engagements or contracts with the defendants, who were corporations
duly organized and existing under the laws of Tennessee, or other states,
and with business offices and agents in Memphis, Tenn.," while the 2d, 3d,
and 4th counts of this declaration describe defendants as "corporations
organized and existing under the laws of other states, with business offices and
agents in Memphis, Tenn"
The suit was removed to this court by the defendants, their joint petition
alleging "that they are nlonresidents of the state of Tennessee, and were at
v.55F.no.1-1
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The Federal Reporter. Volume 55 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. May-July, 1893., legislative document, 1893; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36382/m1/16/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.