Wadleigh v. Standard Life & Accident Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action to recover the amount claimed to be due upon a .policy of accident insurance issued to the plaintiff’s intestate. The facts essential to an understanding of the questions determined on this appeal are stated in the opinion. They argued, among other things, that the right to the removal of a cause to the federal court may be-waived at any time, expressly or by implication. First Nat.
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APPEAL from the Circuit Court for Portage County. Action to recover the amount claimed to be due upon a .policy of accident insurance issued to the plaintiff’s intestate. The facts essential to an understanding of the questions determined on this appeal are stated in the opinion. They argued, among other things, that the right to the removal of a cause to the federal court may be-waived at any time, expressly or by implication. First Nat. Banh v. Oonway, 67 Wis. 210; Home Ins. Oo. v. Cui'tis, 32 Mich. 402; Dillon, Bern. Causes, § 154; Hazard v. Durant,. 9 B. I. 602-606; Hanover Nat. Banh v.…
1Opinion of the CourtCole, C. J.
With its answer the defendant’s attorney filed in the office of the clerk of the circuit court, in vacation* on August 2, 1889, a petition and bond for the removal of this cause to the circuit court of the United States-*441for the western district of Wisconsin. On August 21, 1889, the defendant’s attorney served on the attorney for th'e plaintiff a notice in writing that the petition and bond for the removal of the cause were withdrawn; that no steps-would be taken to remove the cause to the United States court; and that, at the opening of the state court at the next term thereof, the defendant…
2Cases cited7 opinions
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Akerly v. VilasWisconsin Supreme Court · 1869
- McLeod v. BertschyWisconsin Supreme Court · 1873
- Morse v. Home Insurance Co. of New York CityWisconsin Supreme Court · 1872
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3Cited by3 opinions
- Lesh v. BaileyIndiana Court of Appeals · 1911
- Northern Pacific Railroad v. McMullenWisconsin Supreme Court · 1893
- State ex rel. Morgan v. RisjordWisconsin Supreme Court · 1922