Preston v. Travellers' Ins.
Supreme Court of New Hampshire
Assumpsit, on a policy of life insurance. The suit was entered at the February term, 1875, and continued to the September term, and then continued to the February term, 1876, when the defendants filed a petition for removal into the circuit court of the U. S. On account of other business entitled to precedence on the docket, the third term (when the petition was filed) was, in fact, the first term at which this cause could be tried.
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Assumpsit, on a policy of life insurance. The suit was entered at the February term, 1875, and continued to the September term, and then continued to the February term, 1876, when the defendants filed a petition for removal into the circuit court of the U. S. On account of other business entitled to precedence on the docket, the third term (when the petition was filed) was, in fact, the first term at which this cause could be tried. The court rejected the petition, and the defendants excepted. The substance of one of the pleas is, that the promise declared upon was and is in writing, and upon…
1Opinion of the Court
Sawyer, J. I.
Under the act of March 3,1875, the petition for removal must be filed “ before or at the term at which said cause could be first tried, and before the trial thereof.” The act was made applicable to pending suits, and this case was subject to its provisions at the September term. It evidently was one of the objects of the act to provide a remedy for the evil of the tardy removal of suits under the former law. After keeping a suit in the state court as many terms as possible, and putting the plaintiff to costly preparation, the defendant could, at the last moment before trial,…
2Cited by1 opinion
- Preston v. Travellers' Ins.Supreme Court of New Hampshire · 1879