National Steamship Co. v. Tugman,
143 U.S. 28 (1892)

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U.S. Supreme Court

National Steamship Co. v. Tugman, 143 U.S. 28 (1892)

National Steamship Company v. Tugman

No. 150

Argued January 11, 1892

Decided February 1, 1892

143 U.S. 28


In a case reversed in this Court and remanded to a state court upon the ground that that court had lost its jurisdiction by petition and bond for removal, the propriety of staying proceedings in the circuit court after removal, until costs adjudged in the state court are paid, is purely a matter of discretion in the Circuit Court.

On the trial of an action to recover from a carrier freights improperly collected from the consignees on shipments by plaintiff, who was his own witness, was asked several questions with the apparent design of showing that he had had other transactions with the defendant, upon which he was indebted to defendant, and that there was a judgment pending against him in favor of defendant. Held that these questions were not admissible.

It being shown that a paper was served as a copy of an affidavit on behalf of the defendant, with an order to show cause in the action on trial, it is

Page 143 U. S. 29

thereby sufficiently authenticated to enable it to he read in evidence against him, and it is competent evidence on behalf of the plaintiff as an admission by the defendant that the facts stated in the affidavit are true.

The case is stated in the opinion.

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