Stanbrough v. Griffin

Supreme Court of Iowa

Stanbrough v. Griffin

2 N.W. 1011, 52 Iowa 112

CourtSupreme Court of Iowa

DecidedOctober 23, 1879

StatusPublished

Cited by4 cases

This text of 2 N.W. 1011 (Stanbrough v. Griffin) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stanbrough v. Griffin, 2 N.W. 1011, 52 Iowa 112 (iowa 1879).

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Opinion

Rothbock, J.

i. juutsdicfederalstatute. We think the case is within the rule of Burch v. The Davenport & St. Paul R. Co., 46 Iowa, 449, and that the order for removal was improperly made. The effect of a removal would be to divide ... _ , . , . _ , . , . the suit into two parts — one to be determined m the state court and the other in the federal court; and, further, it seems to us that under the act of March 3, 1875, which provides for a removal “in any suit of a civil nature in which there shall be a controversy between citizens of different States,” itshould appear that there is a controversy. The defendants in this case, who sought a removal, did not answer the petition nor demur thereto, and the record does not show there is any [114]*114controversy between tlie parties. The statute contemplates a controversy in a suit and not a mere suit to which there is no defense.

Reversed.

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Rothbock, J.

i. juutsdicfederalstatute. We think the case is within the rule of Burch v. The Davenport & St. Paul R. Co., 46 Iowa, 449, and that the order for removal was improperly made. The effect of a removal would be to divide ... _ , . , . _ , . , . the suit into two parts — one to be determined m the state court and the other in the federal court; and, further, it seems to us that under the act of March 3, 1875, which provides for a removal “in any suit of a civil nature in which there shall be a controversy between citizens of different States,” itshould appear that there is a controversy. The defendants in this case, who sought a removal, did not answer the petition nor demur thereto, and the record does not show there is any [114]*114controversy between tlie parties. The statute contemplates a controversy in a suit and not a mere suit to which there is no defense.

Reversed.

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Bluebook (online)

2 N.W. 1011, 52 Iowa 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanbrough-v-griffin-iowa-1879.

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