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Hay v. May Department Stores Co., 271 U.S. 318 (1926)
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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.
Hay v. May Department Stores Co., 271 U.S. 318 (1926)
Hay v. May Department Stores Company No. 292 Submitted April 29, 1926 Decided May 24, 1926 271 U.S. 318
ERROR TO THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
Syllabus
1. A motion to remand upon the ground that the suit is not removable from the state court raises a question of the jurisdiction of the district court, reviewable under Jud.Code, § 238, where the motion was denied and the suit dismissed upon plaintiff’s failure to comply with a rule for security for costs. P. 321.
2. An action brought in a state court against two defendants jointly, in which the plaintiff states a case of joint liability arising out of the concurrent negligence of the defendants, does not present a separable controversy authorizing the removal of the cause to a federal court, even though the plaintiff might have sued the defendants separately, the allegations of the complaint being decisive as to the nature of the controversy in the absence of a showing that one of the defendants was fraudulently joined for the purpose of preventing the removal. P. 321.
Reversed.
Error to a judgment of the district court dismissing a suit for personal injuries, for failure of the plaintiff to give security for costs, after his motion to remand it to the state court where it originated had been overruled.
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Chicago:
U.S. Supreme Court, "Syllabus," Hay v. May Department Stores Co., 271 U.S. 318 (1926) in 271 U.S. 318 271 U.S. 319. Original Sources, accessed July 5, 2025, http://www.originalsources.com/Document.aspx?DocID=SZ3CMGJTWXJW42S.
MLA:
U.S. Supreme Court. "Syllabus." Hay v. May Department Stores Co., 271 U.S. 318 (1926), in 271 U.S. 318, page 271 U.S. 319. Original Sources. 5 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=SZ3CMGJTWXJW42S.
Harvard:
U.S. Supreme Court, 'Syllabus' in Hay v. May Department Stores Co., 271 U.S. 318 (1926). cited in 1926, 271 U.S. 318, pp.271 U.S. 319. Original Sources, retrieved 5 July 2025, from http://www.originalsources.com/Document.aspx?DocID=SZ3CMGJTWXJW42S.
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