Ingram v. Sterling
Citation | 141 F. Supp. 786 |
Decision Date | 11 June 1956 |
Docket Number | Civ. No. 1286. |
Parties | S. C. INGRAM, Plaintiff, v. Lawrence S. STERLING, Defendant. |
Court | U.S. District Court — Western District of Arkansas |
Yates & Yates, Ozark, Ark., for plaintiff.
Warner, Warner & Ragon, Fort Smith, Ark., for defendant.
The instant action is one in tort based upon an automobile-truck collision which occurred in Ozark, Arkansas. The plaintiff, S. C. Ingram, an Arkansas citizen, filed suit in the Circuit Court of Franklin County, Arkansas, Ozark District, against the defendant, Lawrence S. Sterling, a California citizen, alleging negligence on the part of the defendant and praying damages in the total sum of $2,650.
On May 15, 1956, plaintiff obtained service of process on the Secretary of State under the provisions of the Arkansas nonresident motorist service statute. The record does not disclose when defendant received actual notice of the filing of the action.
On June 6, 1956, the defendant removed the case to this court on the ground of diversity of citizenship and the amount involved. On the same date defendant filed his answer and counterclaim, and in the counterclaim prayed damages against the plaintiff in the sum of $15,450. The defendant relies upon the amount involved in his counterclaim as establishing jurisdictional amount for the purposes of removal.
No motion to remand has been filed by the plaintiff, but under the provisions of 28 U.S.C.A. § 1447(c), it is the duty of the court to inquire into its own jurisdiction in removed cases. Mayner v. Utah Construction Co., D.C.W.D. Ark., 108 F.Supp. 532.
The issue before the court is whether the amount involved in the counterclaim may be considered in determining jurisdictional amount for purposes of removal. In Wheatley v. Martin, D. C.W.D.Ark., 62 F.Supp. 109, this court held that where a counterclaim is compulsory under the state law, the amount involved in the counterclaim may be considered. Thus, at the outset the court is faced with the rule of stare decisis. This rule, however, has its qualifications. In United States v. State of Minnesota, 8 Cir., 113 F.2d 770, 774, the court said;
Ordinarily a court is reluctant to refuse to follow the holding of another court. A court is even more hesitant when it comes to overruling one of its own decisions. And, it is extremely difficult for a court to overrule one of its own decisions when other courts, in the meantime, have followed and relied upon that decision. Nevertheless, the court has concluded that the instant case demands such action.
Wheatley v. Martin was decided in 1945. The case has been followed in Rosenblum v. Trullinger, D.C.E.D.Ark. W.D., 118 F.Supp. 394, (Judge Lemley) and Lange v. Chicago, R. I. & Pac. R. Co., D.C.Iowa, 99 F.Supp. 1. See also, McLean Trucking Co. v. Carolina Scenic Stages, Inc., D.C. N.C., 95 F.Supp. 437.
Other courts have refused to follow Wheatley v. Martin. Trullinger v. Rosenblum, E.D.Ark.W.D., 129 F.Supp. 12 (Judge Trimble); Barnes v. Parker, D.C.Mo., 126 F.Supp. 649. Compare, Chicago, R. I. & Pac. R. Co. v. Stude, 346 U.S. 574, 580, 74 S.Ct. 290, 98 L.Ed. 317; Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 104, 61 S.Ct. 868, 85 L.Ed. 1214; Lee Foods Division, Consolidated Grocers Corp. v. Bucy, D. C.Mo., 105 F.Supp. 402; Sequoyah Feed & Supply Co., Inc., v. Robinson, D.C. W.D.Ark., 101 F.Supp. 680; Stuart v. Creel, D.C.N.Y., 90 F.Supp. 392; Moore's Commentary on the U. S. Judicial Code, p. 252.
A reconsideration of the governing principles, especially in view of the decision of the Supreme Court in Chicago, R. I. & Pac. R. Co. v. Stude, supra, convinces the court that its decision in Wheatley v. Martin should be overruled. In the Wheatley case, this court held that where a counterclaim was compulsory — as distinguished from permissive — under the state law, the amount involved therein could be considered in determining jurisdictional amount for purposes of removal. The effect of that holding was to permit state law to determine the right of removal. Such a result is contrary to the reasoning of the court in Chicago, R. I. & Pac. R. Co. v. Stude, supra, wherein the court at page 580 of 346 U.S., at page 294 of 74 S.Ct. said:
The weakness of the court's decision in the Wheatley case is pointed out quite forcibly in Barnes v. Parker, D.C.Mo., 126 F.Supp. 649, 651, and the court is taking the liberty of quoting extensively from that opinion.
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