Deford, Hinkle & Co. v. Mehaffy
United States Circuit Court
In Equity. Motion to remand. This is an attachment and injunction bill filed in the chancery court of Hardin county by citizens of Tennessee against a citizen of Louisiana, and certain citizens of Tennessee.
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In Equity. Motion to remand. This is an attachment and injunction bill filed in the chancery court of Hardin county by citizens of Tennessee against a citizen of Louisiana, and certain citizens of Tennessee. It seeks an account of transactions between the plaintiffs and the leading defendant of the sales of quantities of staves, and advances made by the defendant as a commission merchant, and avers that in such accounting the defendant is indebted to the plaintiff in a large amount. It alleges that the other defendants are indebted to the leading defendant in various sums of money, and prays…
1Opinion of the Court
Hammond, D. J.
The learned counsel for the motion here very frankly abandon all the grounds stated by them, except that (1) the application to remove was not in time; and (2) the bond is not conditioned, as the statute requires, “for paying all costs that may be awarded by the said circuit court, if said court shall hold that such suit was wrongfully or improperly removed thereto. ”
The first ground insisted on depends on the proper determination of the question, which was the, term of the Hardin chancery court at which this cause could be “first tried ?” No order pro confesso has *483ever been…
2Cases cited28 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Barney v. LathamSupreme Court of the United States · 1881
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Robertson v. CeaseSupreme Court of the United States · 1878
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3Cited by8 opinions
- Chase v. ErhardtDistrict Court, D. Vermont · 1912
- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
- Missouri, K. & T. Ry. Co. v. ChappellDistrict Court, W.D. Oklahoma · 1913
- Burdick v. HaleU.S. Circuit Court for the District of Indiana · 1876
- Oliver Aresti v. SotoSupreme Court of Puerto Rico · 1940
3 more not listed; retrieve them via the Exa API.