Allmark v. Platte S. S. Co.
U.S. Circuit Court for the District of Eastern New York
. This was an action by John Allmark against the Platte Steamship Company, Limited. The case was heard on a motion to remand to the state court, from which it had been removed.
1Opinion of the Court
BENEDICT, District Judge.
This is a motion to remand the cause to the state court, on the ground that the removal to this court was too late. It appears that in the state court, on some application before the state court, it was stated by Mr. Sturges, the attorney, to the court, that the time to answer must be extended, to which it is said the judge assented. No order to extend the time was presented to the judge, or signed by him. On the next day, the plaintiff’s attorney signed a stipulation, extending the time to answer and to move, and, before the extension of the time to answer fixed by…
2Cases cited1 opinion
- Winberg v. Berkeley Co. Ry. & Lumber Co.U.S. Circuit Court for the District of Southern New York · 1887
3Cited by5 opinions
- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
- Lord v. Lehigh Val. R. Co.U.S. Circuit Court for the District of Eastern New York · 1900
- Tevis v. Palatine Ins.U.S. Circuit Court for the District of Northern California · 1906
- Lathrop-Shea & Henwood Co. v. Interior Const. & Imp. Co.U.S. Circuit Court for the District of Western New York · 1907
- Martin v. Old-First Nat. Bank & Trust Co.District Court, N.D. Indiana · 1934