Ernst v. American Spirits Mfg. Co.

U.S. Circuit Court for the District of Southern New York

Ernst v. American Spirits Mfg. Co.

114 F. 981, 1902 U.S. App. LEXIS 4895

U.S. Circuit Court for the District of Southern New York·Decided April 28, 1902·Published

Opinion

LACOMBE, Circuit Judge.

Waiving all consideration of the presence of Reeves as a plaintiff, — and this court does not find in the cases cited any sufficient ground for disregarding his presence,- — we nevertheless have citizens of New York on both sides of the controversy. As was intimated upon the argument, it is a doubtful question whether or not there is a separable controversy. That being so, the proper course is to remand the cause.

Free access — add to your briefcase to read the full text and ask questions with AI

LACOMBE, Circuit Judge.

Waiving all consideration of the presence of Reeves as a plaintiff, — and this court does not find in the cases cited any sufficient ground for disregarding his presence,- — we nevertheless have citizens of New York on both sides of the controversy. As was intimated upon the argument, it is a doubtful question whether or not there is a separable controversy. That being so, the proper course is to remand the cause.

Ernst v. American Spirits Mfg. Co., 114 F. 981, 1902 U.S. App. LEXIS 4895 (circtsdny 1902).

Pincite

114 F. 981 (Ernst v. American Spirits Mfg. Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.