Donohoe v. Mariposa Land & Min. Co.
U.S. Circuit Court for the District of California
Motion to remand cause to state court This suit was- brought in a state court by the complainant [Joseph A. Donohoe], a citizen of California, against the Mariposa Land and Mining Company of California, a corporation created under the laws of California, and the Farmers’ Loan and Trust Company, a corporation created under the laws of New York.
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Motion to remand cause to state court This suit was- brought in a state court by the complainant [Joseph A. Donohoe], a citizen of California, against the Mariposa Land and Mining Company of California, a corporation created under the laws of California, and the Farmers’ Loan and Trust Company, a corporation created under the laws of New York. The object of the suit is to recover a balance of something over one hundred and forty-five thousand dollars and interest alleged to be due complainant from the Mari-posa Land and Mining Company of California, upon certain promissory notes, and to…
1Opinion of the Court
SAWYER, Circuit Judge.
The counsel of the defendant removing the cause, insist that the case is one for removal both under section 039 of the Revised Statutes, embodying the provisions of 'the act of July 27, 1866 [14 Stat. 306], and under section 2 of the act of March 3, 1875 (18 Stat. 470). In the petition it is stated, in express terms, that the application is made under the act of 1875, but it is insisted that the facts make a case for removal under either. It seems to be as-. ■sumed in the brief filed, that there is no difference in the requisites -with respect to the character of the…
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- Maish v. BirdU.S. Circuit Court for the District of Iowa · 1882