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Missouri State Life Ins. Co. v. Jones, 290 U.S. 199 (1933)

Missouri State Life Insurance Co. v. Jones

No. 16

Argued November 8, 1933

Decided December 4, 1933

290 U.S. 199


1. The amount of an attorney's fee for services in the case, demanded pursuant to a state statute, is not "costs" within the meaning of the federal removal act (Jud.Code, § 24), but should be added to the principal sum sued for in determining the amount in controversy. P 290 U. S. 202.

2. Provision of the state statute that the attorney's fee shall be taxed and collected as costs does not make it costs within the meaning of the federal act. Id.

186 Ark. 519, 54 S.W. 2d 407, reversed.

Page 290 U. S. 200

Certiorari, 289 U.S. 719, to review the affirmance of a judgment for the sum of two life insurance policies and an attorney's fee. The state court had denied the right to remove to a federal court.

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