Akerly v. Vilas
U.S. Circuit Court for the District of Wisconsin
This was a motion by the plaintiff, a citizen of the state of New York, for an order allowing him to file in this court copies of the process, pleadings, depositions, testimony and other proceedings in this cause, the clerk of the state court from which removal was sought having refused to make and certify such copies.
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This was a motion by the plaintiff, a citizen of the state of New York, for an order allowing him to file in this court copies of the process, pleadings, depositions, testimony and other proceedings in this cause, the clerk of the state court from which removal was sought having refused to make and certify such copies. This case had been pending in the circuit court of Dane county, which on the 28th of October, 1S69, had on petition and papers filed by the plaintiff required the defendant to show cause why the case should not be removed to the circuit court oí the United States. On the 8th of…
1Opinion of the Court
MILLER, District Judge.
This motion is made under the act of March 2, 1S33, § 4, (4 Stat. 634,) which enacts that “in any case in which any party is, or may be, by law entitled to copies of the records and proceedings in any suit or prosecution in any state court to be used in any court of the United States, if the clerk of said court shall upon demand, and the payment or tender of the legal fees, refuse or neglect to deliver to such party certified copies of such record and proceedings, the court of the United States In which such record and proceedings may be needed, on proof by affidavit,…
2Cases cited9 opinions
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Stevens v. . the Phoenix Insurance Co.New York Court of Appeals · 1869
- Akerly v. VilasWisconsin Supreme Court · 1869
- Cole v. ClarkeWisconsin Supreme Court · 1854
- Lessee of Miles v. FisherOhio Supreme Court · 1840
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3Cited by2 opinions
- Blair v. West Point Manufacturing Co.Nebraska Supreme Court · 1878
- Aldrich v. CrouchUnited States Circuit Court · 1882