COURTS - FEDERAL COURTS - REMOVAL OF CAUSES - AMENDMENT TO COMPLAINT AFTER REMOVAL REDUCING AMOUNT IN CONTROVERSY TO LESS THAN THE JURISDICTIONAL AMOUNT

Sipes, Robert E.

Journal: Michigan Law Review

Volume: 37

Year: 1939

Bluebook Citation: 37 MICH. L. REV. (1939)

Author: Robert E. Sipes: all 12 publications


Abstract

Plaintiff began his action for breach of contract in a state court of Indiana. On defendant's timely petition the suit was removed to the United States District Court. Plaintiff then amended his pleadings by filing particulars of his claim which reduced the amount recoverable below the jurisdictional amount. On a writ of certiorari it was held that the jurisdiction of the district court was not defeated by the amendment reducing the amount claimed to below the jurisdictional amount.

Saint Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 58 S. Ct. 586 (1938).

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