Bright v. Milwaukee
New York Supreme Court
In 1868, Aaron S. Bright brought a suit in this court against the Milwaukee & St. Paul Railway Company, and others, to determine a controversy as to a very large amount. The railway company (in 1868)' put in an answer joining issue, and also setting up a counter-claim. The other defendants interposed a demurrer to the complaint at the same time.
Read the full summary
In 1868, Aaron S. Bright brought a suit in this court against the Milwaukee & St. Paul Railway Company, and others, to determine a controversy as to a very large amount. The railway company (in 1868)' put in an answer joining issue, and also setting up a counter-claim. The other defendants interposed a demurrer to the complaint at the same time. The plaintiff did not reply to the counter-claim. ’The issue of law raised by the demurrer was noticed for hearing, and at the Hovember term, 1874, default of certain of the demurrants having been taken, the demurrer was sustained as to the others.…
1Opinion of the CourtLawrence, J.
I am of the opinion that the plaintiff is too late in making his motion to remove this cause into the United States circuit court. The decision of the general term of this court, in the case of Warner v. Pennsylvania R. R. Co. (6 Hun, 197), seems to me to cover this case. In that case, the court held that under the provisions of the act of Congress (chap. 137 of 1875) providing for the removal of causes into the United States courts, “ before or at the term at which said cause could first be tried, and before the trial thereof,” it is too late to make such application, after the cause has…
2Cited by2 opinions
- Simmons v. SimmonsNew York Supreme Court · 1884
- Stallman v. KimberlyNew York Supreme Court · 1890