20 F. 452 | U.S. Circuit Court for the District of Northern New York | 1884
This is an action on a policy of insurance. The plaintiff is a citizen of Massachusetts. The defendant is a Connecticut corporation. The action was originally commenced in the supreme
TI e only pertinent question therefore is: Has this court jurisdiction 1 ’ The defendant having alleged as the sole ground for removal "tlias the controversy in said suit is between citizens of different state s ” it may well be doubted whether it should now be permitted to cl allenge the jurisdiction of the court on the ground of citizenship. But it is contended that the court should on its own motion dismiss the : uit pursuant to the fifth section of the act of March 3, 1875. It is uj ged that the papers now before the court demonstrate not only that the defendant is a corporation of Connecticut but also that it doof not transact business in, is not an inhabitant of, and is not fow d within this district, and therefore the court should not retain the. iction. All the circumstances necessary to confer jurisdiction, as pro3 ided in the first and second sections of the act of 1875, are found to erist in this case; the amount exceeds $500 and the parties are citi; ens of different states. Nothing more is required. Brooks v. Bailey, 9 Fed. Rep. 438; Petterson v. Chapman, 13 Blatchf. 395; Clalin v. Ins. Co. 110 U. S. 81; S. C. 3 Sup. Ct. Rep. 507. The sub ¡equent clause of the first section, which provides that “no civil suit shall be brought before either of said courts against any person by ; my original process or proceeding in any other district than that wh< reof he is an inhabitant, or in which he shall be found at the tim) of serving such process or commencing such proceedings,” does not limit the jurisdiction of the court but relates to the mode of ac-qui ing it. It is intended for the protection of the defendant and cor fers a privilege which he can waive by appearing without asserting it. Robinson v. Nat. Stock-yard Co. 12 Fed. Rep. 361; Toland v. Sprague, 12 Pet. 300; Sayles v. N. W. Ins. Co., supra; Flanders v. Ætna Ins. Co. 3 Mason, 158; Gracie v. Palmer, 8 Wheat. 699; Kel
The motion to dismiss the action is denied.