Legal Opinion

Patten v. Cilley

U.S. Circuit Court for the District of New Hampshire

Decided July 6, 1894No. 400Published

This was an application for a writ of error to the supreme court to review an order dismissing, for want of jurisdiction over the subject-matter, a petition for removal of the cause from the state court, on the ground of local prejudice. 58 Fed. 977.

1Opinion of the Court

ALDRICH, District Judge.

At the August term, 1892, this court remanded the probate proceeding in which Horatio Gl. Cilley was appellant in the state probate court, and which he removed to this court within the time in which a party may remove a proper cause as a matter of right. Such order was upon the ground that the court had no jurisdiction over the subject-matter of the controversy. Subsequently, the same party petitioned for the removal of the same controversy, on the ground of local prejudice; and such petition was dismissed December 11, 3893, for the same reasons, and the case is…

2Cases cited9 opinions

  1. McLish v. RoffSupreme Court of the United States · 1891
  2. In Re Pennsylvania Co.Supreme Court of the United States · 1890
  3. American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893
  4. In re CilleyU.S. Circuit Court for the District of New Hampshire · 1893
  5. Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. RobertsSupreme Court of the United States · 1891

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