Kueck v. Northwestern Mut. Life Ins.

CAFFEY, District Judge.

The plaintiff moves to remand the cause to the Supreme Court, Orange county, upon the grounds that (1) written notice of the petition and bond for removal were not given to her prior to the same being filed in the state court (Judicial Code, § 29; 28 USCA § 72); (2) tbe hearing on. the petition was on four days’ notice, instead of the eight days prescribed for motions! in the state court by rule 60 of tbe New York Rules of Civil Practice; and (3) the order of removal was not served on her.

Tbe notice was served on tbe plaintiff’s attorney in Newburgh at 9 :50 a. m., on…