Legal Opinion

Walker v. Richards

U.S. Circuit Court for the District of Minnesota

Decided April 13, 1893PublishedCited by 2 opinions

At Law. Action by Thomas B. Walker and Healey G. Akeiey against Benjamin B. JBicliarda, Azro T. Crossly, and others. Heard on motion to remand to state court.

1Opinion of the Court

AEíjBOH, District Judge,

(after stating the facts.) The first reason assigned is not tenable. The defendants in court by name, served with process, were not required to delay the application *130for a removal of the suit until persons unknown, who might claim some right, title, estate, or interest in the controversy, were served. Such delay would have proven fatal to the right given them by the statute. The right of removal is given to known defendants,— such as are made defendants by name, and served with process, or voluntarily appear. The two petitioners are all the known defendants to the…

2Cited by2 opinions

  1. Jensen v. Safeway Stores, Inc.District Court, D. Montana · 1938
  2. Auburn Sav. Bank v. HayesDistrict Court, N.D. New York · 1894

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