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Southern Railway Co. v. Miller, 217 U.S. 209 (1910)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Southern Railway Co. v. Miller, 217 U.S. 209 (1910)
Southern Railway Company v. Miller No. 122 Argued March 3, 1910 Decided April 4, 1910 217 U.S. 209
ERROR TO THE COURT OF APPEALS
OF THE STATE OF GEORGIA
Syllabus
For the purposes of determining the removability of a cause, the case must be deemed to be such as the plaintiff has made it, in good faith, in his pleadings, and if a plaintiff in a suit for personal injuries joined with the foreign corporation one or more of its employees residents of plaintiff’s state as defendants, and the state court holds that the joinder is not improper, the cause is not separable, and cannot be removed into the federal court. Alabama Great Southern R. Co. v. Thompson, 200 U.S. 206; Railway Co. v. Bohon, 200 U.S. 221.
After a case properly removable and moved into the federal court has been voluntarily dismissed without action on the merits, the case is again at large, and plaintiff may begin it again in any court of competent jurisdiction, including the state court from which the first case was removed into the circuit court.
59 S.E. 1115 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Southern Railway Co. v. Miller, 217 U.S. 209 (1910) in 217 U.S. 209 217 U.S. 213. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=FWJ18W4R5SKZEL2.
MLA: U.S. Supreme Court. "Syllabus." Southern Railway Co. v. Miller, 217 U.S. 209 (1910), in 217 U.S. 209, page 217 U.S. 213. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FWJ18W4R5SKZEL2.
Harvard: U.S. Supreme Court, 'Syllabus' in Southern Railway Co. v. Miller, 217 U.S. 209 (1910). cited in 1910, 217 U.S. 209, pp.217 U.S. 213. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=FWJ18W4R5SKZEL2.
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