Daugherty v. Western Union Tel. Co.
District Court, D. Indiana
This was an action by Hester J. Daugherty against the Western Union Telegraph Company. The action was commenced in a state court, and, defendant having moved therein for an order awarding a removal to this court, the same was denied, on the ground that its petition and bond were not seasonably filed.
1Opinion of the Court
BAKER, District Judge.
This action was brought in the state court by the plaintiff against the defendant, a foreign corporation, by complaint filed on the 27th day of January, 1894. On the 12th day of February, 1894, the defendant, by counsel, entered of record its voluntary appearance to the action. A rule of the court, duly adopted, and then in force, made the answer of the defendant due “the day succeeding the return day or voluntary appearance;” hence the answer was due on the 13th day of February, 1894. On the 14th day of February, 1894, the defendant filed in the state court its verified…
2Cases cited1 opinion
- Kansas City, Fort Scott & Memphis Railroad v. DaughtrySupreme Court of the United States · 1891
3Cited by17 opinions
- Peter Holding Co. v. Le Roy Foods, Inc.District Court, D. New Jersey · 1952
- McMahan v. FontenotDistrict Court, W.D. Arkansas · 1963
- Wilson v. Big Joe Block Coal Co.Supreme Court of Iowa · 1907
- Markey v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1915
- Keller v. CarrDistrict Court, W.D. Arkansas · 1981
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