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Grubbs v. General Elec. Credit Corp., 405 U.S. 699 (1972)
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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.
Grubbs v. General Elec. Credit Corp., 405 U.S. 699 (1972)
Grubbs v. General Electric Credit Corp. No. 71-257 Argued March 23, 1972 Decided April 18, 1972 405 U.S. 699
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Respondent, a New York corporation, brought suit for $66,000 on a promissory note against petitioner, a citizen of Texas, in a Texas state court, and petitioner filed a cross-action for $25,000 seeking damages for slander, conversion, and conspiracy in restraint of trade. A later cross-action included the United States, which held a judgment against petitioner, as a party defendant. The action was removed to the Federal District Court for trial of the issues, on petition of the United States. The District Court, without objection, considered all the issues and awarded petitioner $20,000 judgment against respondent. The Court of Appeals, sua sponte, held that the District Court lacked jurisdiction, and ordered the case returned to the state court.
Held: Where, after removal, a case is tried on the merits without objection, and the federal court enters a judgment, the issue on appeal is not whether the case was properly removed, but whether the District Court would have had original jurisdiction if the case had been filed in that court. Here there was diversity jurisdiction in the District Court if the action had been brought there originally. Pp. 702-706.
447 F.2d 286, reversed and remanded.
REHNQUIST, J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," Grubbs v. General Elec. Credit Corp., 405 U.S. 699 (1972) in 405 U.S. 699 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=XX9XY9YXZK4RZ4Q.
MLA: U.S. Supreme Court. "Syllabus." Grubbs v. General Elec. Credit Corp., 405 U.S. 699 (1972), in 405 U.S. 699, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XX9XY9YXZK4RZ4Q.
Harvard: U.S. Supreme Court, 'Syllabus' in Grubbs v. General Elec. Credit Corp., 405 U.S. 699 (1972). cited in 1972, 405 U.S. 699. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=XX9XY9YXZK4RZ4Q.
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