North American Loan & Trust Co. v. Colonial & U. S. Mortg. Co.
South Dakota Supreme Court
Appeal from circuit court, Hand county. Hon. H. Or. Fuller, Judge. Action in the circuit court of Hand county to recover money alleged to be due on a contract. The defendant, before the time for answering expired, filed in the United States circuit court for the district of South Dakota a petition and bond for the removal of the case to the United States circuit court.
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Appeal from circuit court, Hand county. Hon. H. Or. Fuller, Judge. Action in the circuit court of Hand county to recover money alleged to be due on a contract. The defendant, before the time for answering expired, filed in the United States circuit court for the district of South Dakota a petition and bond for the removal of the case to the United States circuit court. No notice of the filing was served upon plaintiff or its attorneys, nor was any appearance made by the defendant in the state court, other than that the clerk of the state court approved the bond on removal and filed in the…
1Opinion of the CourtKellam, J.
In May, 1892, respondent commenced an action against appellant in the circuit court in Hand county, by the serv-. ice of- summons and verified complaint, for the recovery of money, alleged to be due upon contract. Before the expiration. of the time within which appellant, was by law required to answer, it caused to be filed in the office of the clerk of said’ court, its petition for the removal of the cause to the federal court, setting forth such facts as to the diverse citizenship of the parties and the amount in controversy as it is not questioned would, with the. filing of the required…
2Cases cited5 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
- Texas & Pacific Railway Co. v. BloomTexas Supreme Court · 1892
3Cited by3 opinions
- Shunk v. Shunk Mfg. Co.Ohio Court of Appeals · 1945
- Andrews v. WynnSouth Dakota Supreme Court · 1893
- Richards v. Modern Woodmen of AmericaSouth Dakota Supreme Court · 1901