Cooke v. State National Bank of Boston
New York Supreme Court
This appeal originally came before the General Term on appeal from a Special Term order, which granted a motion made by the defendant, The State National Bank of Boston, to remove the action into the Circuit Court of the United States for the southern district of New York.
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This appeal originally came before the General Term on appeal from a Special Term order, which granted a motion made by the defendant, The State National Bank of Boston, to remove the action into the Circuit Court of the United States for the southern district of New York. The motion was founded upon an affidavit and petition, accompanied by bonds executed in form as required by the statute (14 U. S. Statutes at large, 558), and served with the following notice upon the plantiff’s attorneys. Title, &c. ' Gentlemen. — Please to take notice, that on the annexed affidavit, petition and bond…
1Opinion of the Court
Present — Ingraham, Barnard, and Brady, JJ.
By the Court
Brady, J.
-The application'to remove this cause to the United States ■ Court was made under the act of congress, passed March 2,1867. (2 Brightly Dig., 116; 14 Stat. at Large, 558.) All ,of the defendants do not unite in it. Under the 12th section of the judiciary act; (1, Stat. at Large, 79), it was necessary that all- the defendants should join in the application. (Beardsley v. Torrey, 4 Wash. C. C. Rep., 286.) ;
It has not been held otherwise in this State. - • The cases to which we were referred in the argument, namely, Norton v. Hayes,…
2Cases cited2 opinions
- Norton v. HayesNew York Supreme Court · 1847
- Beardsley v. TorreyU.S. Circuit Court for the District of Pennsylvania · 1822
3Cited by4 opinions
- Tierney v. Helvetia Swiss Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- Yale v. DartNew York Court of Common Pleas · 1891
- De Hart v. HatchNew York Supreme Court · 1875
- Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871