Legal Opinion

People ex rel. Western Trans. Co. v. Superior Court

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 9 opinions

This was a petition to the Supreme Court for a mandamus to compel the Superior Court of Chicago to make an order for the removal of a cause from that court to the Circuit Court of the United States. The prayer of the petition was denied, mn the grounds stated in the opinion.

1Opinion of the CourtJustice Beckwith

The petition to be filed for the removal of a cause from a State court to the Circuit Court of the United States, under the act of Congress of September 24, 1789, is not required to state the alienage or citizenship of the parties, or the amount in controversy. The act of congress does not require the petition to be verified in any manner. It requires the petition to contain a prayer for the removal of the cause, and as a matter of practice it may appropriately state the facts upon which the removal is sought. The facts upon which the petitioner bases his right to a removal must be made to…

2Cited by9 opinions

  1. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  2. Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
  3. Holden v. . the Putnam Fire Insurance Co.New York Court of Appeals · 1871
  4. Indianapolis, Bloomington, & Western Railway Co. v. RisleyIndiana Supreme Court · 1875
  5. Weed Sewing Machine Co. v. SmithIllinois Supreme Court · 1873

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