Galpin v. Critchlow
Massachusetts Supreme Judicial Court
Contract by a citizen of New York against a citizen of Massachusetts. After the filing of an answer and a trial on the merits, which resulted in a disagreement of the jury, the plaintiff filed a petition, affidavit and bond for the removal of the action into the Circuit Court of the United States, under the act of Congress of 1867, c. 196. The Superior Court ordered the action to be removed as prayed for. The defendant appealed to this court.
1Opinion of the CourtGray, C. J.
We must assume it to be settled that the act of Congress of 1867, c. 196, (amending the act of 1866, c. 288,) is constitutional and binding; and that it is the duty of the Superior Court, and of this court upon exceptions or appeal, be-ore relinquishing jurisdiction over any case, to be satisfied that a party filing a petition and affidavit for its removal into the Circuit Court of the United States under that act brings himself within its provisions. Railway Co. v. Whitton, 13 Wall. 270, and 25 Wis. 424. Mahone v. Manchester & Lawrence Railroad Co. 111 Mass. 72.
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2Cases cited14 opinions
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- Kanouse v. MartinSupreme Court of the United States · 1854
- Case of the Sewing MacHine CompaniesSupreme Court of the United States · 1874
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
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3Cited by11 opinions
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- Stone v. SargentMassachusetts Supreme Judicial Court · 1880
- McGinnity v. WhiteU.S. Circuit Court for the District of Nebraska · 1874
- Van Meter v. BarnettIndiana Supreme Court · 1889
- Brayley v. HedgesSupreme Court of Iowa · 1880
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