Lewis v. Cincinnati, N. O. & T. P. Ry. Co.
U.S. Circuit Court for the District of Eastern Tennessee
At L,aw. Action by Elizabeth Lewis against the Cincinnati, New Orleans & Texas Pacific Railway Company. On plaintiff’s motion to remand cause to state court.
1Opinion of the Court
SANFORD, District Judge.
[1] 1. I am of the opinion that as the plaintiff’s declaration was not filed in the State Court until January 10, 1910, although the writ was returnable to the January Term, which commenced on January 3d, the petition for removal which was filed in the State Court by the defendant Railway Company within two days after the plaintiff filed her declaration, to wit, on January 13th, was filed within the time provided by the Act of Congress.
The Act of Congress provides that a defendant may file his petition for removal in the State Court “at the time, or any time before the…
2Cases cited13 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Kansas City, Fort Scott & Memphis Railroad v. DaughtrySupreme Court of the United States · 1891
- Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
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3Cited by6 opinions
- Cowles v. LeeSupreme Court of Oklahoma · 1912
- Patton v. Cincinnati, N. O. & T. P. Ry.District Court, E.D. Tennessee · 1913
- Allen v. Sewanee Fuel & Iron Co.District Court, E.D. Tennessee · 1917
- Jones v. Casey-Hedges Co.District Court, E.D. Tennessee · 1913
- Mapes v. ShaubDistrict Court, M.D. Pennsylvania · 1931
1 more not listed; retrieve them via the Exa API.