Legal Opinion

Porter v. Northern Pac. Ry. Co.

District Court, D. Idaho

Decided May 25, 1908PublishedCited by 1 opinion

On Motion to Remand to State Court.

1Opinion of the Court

DIETRICH, District Judge.

The first ground of the motion to remand is that the petition for removal is not verified by the defendant, but by its attorney, and that the verification is not in the form prescribed by the statutes of Idaho for the verification of pleadings. There is no law requiring that a petition for removal be verified; but verification is almost universal, and it is doubtless the better practice. There is, however, no reason why the petition should not be verified on behalf of the defendant by its attorney, especially where, as in this case, the petitioner is a corporation and…

2Cases cited8 opinions

  1. Shappirio v. GoldbergSupreme Court of the United States · 1904
  2. Smith v. AdamsSupreme Court of the United States · 1889
  3. Hilton v. DickinsonSupreme Court of the United States · 1883
  4. Cameron v. United StatesSupreme Court of the United States · 1893
  5. Stinson v. DousmanSupreme Court of the United States · 1858

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Crockett v. OverfieldDistrict Court, D. Idaho · 1938

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