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Fritzlen v. Boatmen’s Bank, 212 U.S. 364 (1909)
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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.
Fritzlen v. Boatmen’s Bank, 212 U.S. 364 (1909)
Fritzlen v. Boatmen’s Bank No. 99 Argued January 28, 29, 1909 Decided February 23, 1909 212 U.S. 364
ERROR TO THE SUPREME COURT
OF THE STATE OF KANSAS
Syllabus
If, after an order to remand has been made, it results, from the subsequent pleadings or conduct of the parties, that the cause is removable, a second application to remove can be made, and the right to make it is not controlled by the previous remanding order; nor is the granting of the order to remove under such circumstances a refusal to give effect to such previous order to remand.
In this case, held that in an action to foreclose, where the junior encumbrancer, as plaintiff, joined the senior encumbrancer as a defendant and attacked the validity of his lien, a did the owner of the property, also a defendant, a separable controversy exited between the senior encumbrancer, on the one side, and the owner and the junior encumbrancer, on the other side, which was removable, a diverse citizenship existed when the parties were so arranged, and such removal could not be prevented either by the unnecessary joinder of the senior encumbrancer or because, prior to the filing of the reply showing the separable nature of the controversy, a remanding order had been made.
Powers v. Chesapeake & Ohio Ry. Co., 169 U.S. 92, followed as to when an application for removal is made in time.
75 Kans. 479 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Fritzlen v. Boatmen’s Bank, 212 U.S. 364 (1909) in 212 U.S. 364 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=GNSFQAJ256JX3B7.
MLA: U.S. Supreme Court. "Syllabus." Fritzlen v. Boatmen’s Bank, 212 U.S. 364 (1909), in 212 U.S. 364, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GNSFQAJ256JX3B7.
Harvard: U.S. Supreme Court, 'Syllabus' in Fritzlen v. Boatmen’s Bank, 212 U.S. 364 (1909). cited in 1909, 212 U.S. 364. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=GNSFQAJ256JX3B7.
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