In re Cilley
U.S. Circuit Court for the District of New Hampshire
Petition of Horatio (x. Gilley for tlie removal of a probate appeal on the ground of local prejudice. Statement by ALDRICH, District Judge: This cause was before the circuit court at the May term, 1892, (COLT, Circuit Judge, and ALDRICH, District Judge, sitting) upon a rehearing of a. motion to remand to the state court, which had previously been denied.
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Petition of Horatio (x. Gilley for tlie removal of a probate appeal on the ground of local prejudice. Statement by ALDRICH, District Judge: This cause was before the circuit court at the May term, 1892, (COLT, Circuit Judge, and ALDRICH, District Judge, sitting) upon a rehearing of a. motion to remand to the state court, which had previously been denied. The removal was on the ground of diverse citizenship, and within the limit In which a party may remove a proper cause as a matter of right, and was subsequent to the act of 1887. The proceeding removed was a probate appeal from, the decree of…
1Opinion of the Court
.ALDRICH, District Judge,
(after stating the facts.) The party aggrieved is now before the court upon petition for removal upon the ground of local prejudice, and, the former remand being for want of jurisdiction of the subject-matter, presents no new question. But, in view of the magnitude of the case, the practical importance of the question, and the fact that learned counsel have pursued the supposed right of removal with unusual earnestness and apparent confidence, we have thought best to carefully re-examine the jurisdictional question in the light of further argument, and to state our…
2Cases cited40 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Sheldon v. SillSupreme Court of the United States · 1850
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
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3Cited by28 opinions
- Richardson v. GreenCourt of Appeals for the Ninth Circuit · 1894
- Williams v. CrabbCourt of Appeals for the Seventh Circuit · 1902
- Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
- In re Stutsman CountyU.S. Circuit Court for the District of South Dakota · 1898
- Risley v. Village of HowellCourt of Appeals for the Sixth Circuit · 1894
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