Campbell v. Wallen's Lessee
Tennessee Supreme Court
The application to remove a cause from the State to the Federal court, under the Act of Congress of 1789, 20, 12, is in time if made at the term at which the applicant entered his appearance. Nor is it necessary that the petition should contain an offer of the security prescribed by the Act, nor that the security should be given until it shall have been judicially decided that the applicant is entitled to the removal.
Read the full summary
The application to remove a cause from the State to the Federal court, under the Act of Congress of 1789, 20, 12, is in time if made at the term at which the applicant entered his appearance. Nor is it necessary that the petition should contain an offer of the security prescribed by the Act, nor that the security should be given until it shall have been judicially decided that the applicant is entitled to the removal. And it is error in the inferior court to refuse the application, when the applicant shows himself entitled to it, which may be corrected by appeal. But an appeal lies only…
1Opinion of the CourtCbabb, J.
The plaintiff in error alleges that the Court below erred in refusing to remove [268] this suit, on his application to the Circuit Court of the United States. It is said in argument for the defendant in error that the Court properly rejected the application, because it was not made by the now plaintiff at the time of entering his appearance. Were the fact as supposed, it would be conclusive in favor of the course pursued by the Circuit Court. But upon inspection of the record, we perceive, that at October term, 1820, Campbell first appeared in the Circuit Court, and at the same term he…
2Cases cited1 opinion
- Kennedy v. WoolfolkTennessee Superior Court for Law and Equity · 1809