{
  "id": 11273030,
  "name": "C. M. HERNDON v. THE \u00c6TNA INSURANCE COMPANY",
  "name_abbreviation": "Herndon v. \u00c6tna Insurance",
  "decision_date": "1890-09",
  "docket_number": "",
  "first_page": "194",
  "last_page": "195",
  "citations": [
    {
      "type": "official",
      "cite": "107 N.C. 194"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "4 Dal., 12",
      "category": "reporters:scotus_early",
      "reporter": "Dal.,",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 184,
    "char_count": 2388,
    "ocr_confidence": 0.514,
    "sha256": "3e42bf8975ef2c74184155b52b35068a8b62703efc8853c3ebead3520f9e18d4",
    "simhash": "1:100b6a04ff2d6239",
    "word_count": 405
  },
  "last_updated": "2023-07-14T15:31:37.064200+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "C. M. HERNDON v. THE \u00c6TNA INSURANCE COMPANY."
    ],
    "opinions": [
      {
        "text": "MiskkiMON, C. J.:\nThis case is, in all material respects for the present purpose, like that of Herndon v. Lancashire Company, decided at this term, and must be governed by it. The defendant here is a corporation of Great Britain, in a sense a foreign subject, but this does not render unnecessary the allegation of the citizenship of the plaintiffs. Massman v. Higginson, 4 Dal., 12; Hodgson v. Benderbank, 5 Cran., 303; Damil v. Wentyman, 2 Pet , 136; Curtis v. Jones, U. S. R., 111; Steamship Company v. Tugman, 106 U. S. R., 118.\nThere is no error. Let this opinion be certified to the Superior Court. It is so ordered.\nAffirmed.",
        "type": "majority",
        "author": "MiskkiMON, C. J.:"
      }
    ],
    "attorneys": [
      "Mr. 'W. W. Fuller, for plaintiff",
      "Messrs. John W. Hinsdale (by brief) and J. S. Manning, for defendant."
    ],
    "corrections": "",
    "head_matter": "C. M. HERNDON v. THE \u00c6TNA INSURANCE COMPANY.\nRemoval of Causes \u2014 Residence\u2014Citizenship\u2014Foreign Corporation\u2014 United States Circuit Court.\n1. The fact that the co-plaintiffs, residents of different States, have sued a foreign corporation, resident of Great Britain, does not render unnecessary the allegation of citizenship in different States in order to secure a removal to the United States Circuit Court.\n2. This case is, in all material respects, like'that of Herndon v. The Lancashire Insurance Co. (decided at this term of the Court), and must be governed by it.\nThis was a Motion for the removal \u00f3f a cause to the United -'States Circuit Court, heard by, Graves, J., at the October Term, 1889, of DurhaM Superior Court.\nThe plaintiffs are C. M. Herndon, a resident of North Carolina, and Geo. S. Louche, and W. H. Wheeler, and P. H. Glatfeller, residents of Pennsylvania. The defendant is a corporation organized and existing under the laws of Great Britain. The plaintiffs have sued the defendant on an insurance policy, demanding the sum of twenty-five hundred dollars, exclusive of interest and costs.\nAt the appearance term of Durham Superior Court, to which this suit was brought, the defendant filed its petition for removal to the United States Circuit Court for the Western District of North Carolina, setting forth the foregoing facts; and also filed bond in the sum of two hundred and fifty dollars in form as prescribed by law. The petition was duly verified and the bond justified. His Honor refused to make an order for removal, and directed the case to be proceeded with in the State Court.\nFrom this ruling the defendant appealed.\nMr. 'W. W. Fuller, for plaintiff\nMessrs. John W. Hinsdale (by brief) and J. S. Manning, for defendant."
  },
  "file_name": "0194-01",
  "first_page_order": 230,
  "last_page_order": 231
}