Williams v. Miller
District Court, W.D. Virginia
In Equity. Bill by one .Williams, executrix, against R. B. Miller, which was removed from the state court. On motion to dismiss. The complainant, a citizen of Virginia, filed her bill in equity in the circuit court of Bland county, Va., and thereupon sued out an attachment, which was duly levied on land belonging to the defendant in that county.
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In Equity. Bill by one .Williams, executrix, against R. B. Miller, which was removed from the state court. On motion to dismiss. The complainant, a citizen of Virginia, filed her bill in equity in the circuit court of Bland county, Va., and thereupon sued out an attachment, which was duly levied on land belonging to the defendant in that county. The defendant, who is a citizen of West Virginia, but who was served with process in Bland County, Va., after some delay, removed the case to this court, and thereupon filed a motion to dismiss. The bill asserts that a judgment at law for something…
1Opinion of the CourtMcDOWELL, District Judge
(after stating the facts as above). [1,2] The defendant, Miller, was personally served with process in Bland county on the return day of the writ. The petition for removal, therefore, should regularly have been- filed on that day. However, this requirement is in the nature of a limitation and may be waived (Ayers v. Watson, 113 U. S. 594, 598, 599, 11 Sup. Ct. 201, 34 L. Ed. 803), and counsel for plaintiff has expressly waived this objection.
[3] The motion to dismiss is founded on the theory of a want of equity jurisdiction because of an adequate remedy at law. I think there is power in the…
2Cases cited16 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Scott v. NeelySupreme Court of the United States · 1891
- Cates v. AllenSupreme Court of the United States · 1893
- Ayers v. WatsonSupreme Court of the United States · 1885
- George v. TateSupreme Court of the United States · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Knaak v. BrownNebraska Supreme Court · 1927
- Miller v. WilliamsCourt of Appeals for the Fourth Circuit · 1919