Cameron v. Hodges

CourtUnited States Supreme Court
Writing for the CourtMILLER
Citation8 S.Ct. 1154,32 L.Ed. 132,127 U.S. 322
Decision Date30 April 1888
PartiesCAMERON et al. v. HODGES et al

8 S.Ct. 1154
127 U.S. 322
32 L.Ed. 132
CAMERON et al.
v.
HODGES et al.
April 30, 1888.

This is an appeal from the circuit court of the United States for the Western district of Tennessee. The suit was originally brought in the chancery court of Shelby county, held in the city of Memphis, in that state, in regard to a controversy which arose concerning the title to certain real estate situated in the state of Arkansas. The principal defendant, Asa Hodges, was a citizen of Arkansas, and upon that ground procured an order in the chancery court to remove the case into the circuit court of the United States for the Western district of Tennessee. The allegation upon which this removal was made is as follows:

Page 323

'In the Chancery Court of Shelby County, Tennessee. Anna E. Cameron et al. vs. Asa Hodges et al. R. 4593. To the Hon. W. W. McDowell, Chancellor: Your petitioner states that he is, and at the time of the institution of this suit was, a citizen of the state of Arkansas and not of the state of Tennessee, and that none of the complainants are or were at that time citizens of the state of Arkansas; that said suit is of a civil nature, and the matters in controversy exceed, exclusive of costs, in value the sum of five hundred dollars; that the controversy affects the ownership of real estate in said state of Arkansas, and can be wholly decided between complainants and this defendant. Wherefore he prays an order for the removal of said cause from this court to the United States circuit court for the Western district of Tennessee, at Memphis, and he tenders herewith the requisite bond, as required by law, for the removal thereof. Asa Hodges, the petitioner, being sworn, says the matters set forth in the above petition are true as far as stated on his own knowledge; the rest he believes to be true. ASA HODGES. Sworn to this October 2, 1882. J. M. BRADLEY, Deputy Clerk and M.'

D. H. & W. K. Poston, for appellants.

T. B. Turley, W. G. Weatherford, and J. B. Heiskell, for appellees.

Page 324

MILLER, J.

While this petition sets forth the citizenship of Hodges to be in the state of Arkansas. both at the commencement of the suit and at the time of the application for removal, it does not state that of any of the complainants, but merely says 'that none of the complainants are or were at that time citizens of said state of Arkansas,' nor have we been able to find in the recod any evidence, allegation, or statement as to the citizenship...

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126 practice notes
  • Medlin v. Boeing Vertol Co., No. 79-1027
    • United States
    • U.S. Court of Appeals — Third Circuit
    • April 22, 1980
    ...Cir. 1973); see Louisville & Nashville R.R. Co. v. Mottley, 211 U.S. 149, 152, 29 S.Ct. 42, 43, 53 L.Ed. 126 (1908); Cameron v. Hodges, 127 U.S. 322, 325, 8 S.Ct. 1154, 1155, 32 L.Ed. 132 (1888). The exact limits of our task have been set by the Supreme Court. (W)here after removal a case i......
  • Marshall v. Reinhold Const., Inc., No. 77-631-Civ-J-T.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • November 17, 1977
    ...109, 115 (1973); Louisville & N.R. Co. v. Mottley, 211 U.S. 149, 152, 29 S.Ct. 42, 43, 53 L.Ed. 126, 127 (1908); Cameron v. Hodges, 127 U.S. 322, 326, 8 S.Ct. 1154, 1156, 32 L.Ed. 132 (1888); Mansfield, C. & L.M. Ry. v. Swan, 111 U.S. 379, 382, 4 S.Ct. 510, 511, 28 L.Ed. 462 (1884); Turner ......
  • Tanner v. McCall, No. 77-2-Civ-Oc.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • October 20, 1977
    ...109, 115 (1973); Louisville and N. R. Co. v. Mottley, 211 U.S. 149, 152, 29 S.Ct. 42, 43, 53 L.Ed. 126, 127 (1908); Cameron v. Hodges, 127 U.S. 322, 326, 8 S.Ct. 1154, 1156, 32 L.Ed. 132, 134 (1888); Mansfield, C. & L. M. Ry. v. Swan, 111 U.S. 379, 382, 4 S.Ct. 510, 511, 28 L.Ed. 462, 464 (......
  • Matter of Marriage of Smith, No. SA-82-CA-522.
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • October 11, 1982
    ...doubts must be resolved against removal. State of New Jersey v. Moriarity, 268 F.Supp. 546, 554 (D.N.J.1967), citing Cameron v. Hodges, 127 U.S. 322, 8 S.Ct. 1154, 32 L.Ed. 132 (1888); Breyman v. Pennsylvania, O. & D.R. Co., 38 F.2d 209 (6th Cir.1930). Despite the fact that the "right, titl......
  • Request a trial to view additional results
126 cases
  • Medlin v. Boeing Vertol Co., No. 79-1027
    • United States
    • U.S. Court of Appeals — Third Circuit
    • April 22, 1980
    ...Cir. 1973); see Louisville & Nashville R.R. Co. v. Mottley, 211 U.S. 149, 152, 29 S.Ct. 42, 43, 53 L.Ed. 126 (1908); Cameron v. Hodges, 127 U.S. 322, 325, 8 S.Ct. 1154, 1155, 32 L.Ed. 132 (1888). The exact limits of our task have been set by the Supreme Court. (W)here after removal a case i......
  • Marshall v. Reinhold Const., Inc., No. 77-631-Civ-J-T.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • November 17, 1977
    ...109, 115 (1973); Louisville & N.R. Co. v. Mottley, 211 U.S. 149, 152, 29 S.Ct. 42, 43, 53 L.Ed. 126, 127 (1908); Cameron v. Hodges, 127 U.S. 322, 326, 8 S.Ct. 1154, 1156, 32 L.Ed. 132 (1888); Mansfield, C. & L.M. Ry. v. Swan, 111 U.S. 379, 382, 4 S.Ct. 510, 511, 28 L.Ed. 462 (1884); Turner ......
  • Tanner v. McCall, No. 77-2-Civ-Oc.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • October 20, 1977
    ...109, 115 (1973); Louisville and N. R. Co. v. Mottley, 211 U.S. 149, 152, 29 S.Ct. 42, 43, 53 L.Ed. 126, 127 (1908); Cameron v. Hodges, 127 U.S. 322, 326, 8 S.Ct. 1154, 1156, 32 L.Ed. 132, 134 (1888); Mansfield, C. & L. M. Ry. v. Swan, 111 U.S. 379, 382, 4 S.Ct. 510, 511, 28 L.Ed. 462, 464 (......
  • Matter of Marriage of Smith, No. SA-82-CA-522.
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • October 11, 1982
    ...doubts must be resolved against removal. State of New Jersey v. Moriarity, 268 F.Supp. 546, 554 (D.N.J.1967), citing Cameron v. Hodges, 127 U.S. 322, 8 S.Ct. 1154, 32 L.Ed. 132 (1888); Breyman v. Pennsylvania, O. & D.R. Co., 38 F.2d 209 (6th Cir.1930). Despite the fact that the "right, titl......
  • Request a trial to view additional results

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