Stoutenburgh v. Wharton

The only question presented in the case is whether the defendant should be allowed to file in this court, at tlie present term, a copy of the record of the proceedings in the state court. The facts are these: On the fifteenth of August, 1882, a suit was commenced in the supreme court of the state of New Jersey by summons returnable October 10, 1882. The declaration was duly filed on November 2d following. Before the time had expired for the defendant to plead, to-vit, on December 1, 1882, according to the provisions of the third section of the act of March 3, 1875, lie presented his petition…