Lowe v. Williams
Supreme Court of the United States
Error, to the Supreme Court of the State of Nebraska. Williams, a citizen of Iowa, brought suit, June ,9, 1869, m the District Court of the second judicial district of Nebraska, against Lowe, a citizen of the latter State, and obtained judgment Aug. 4, 1874, for $7,532.42. . Lowe thereupon appealed to the Supreme Court, and, on the 14th of August, 1875, filed' his petition in the latter court for the removal of the cause to the Circuit Court of the United States for the…
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Error, to the Supreme Court of the State of Nebraska. Williams, a citizen of Iowa, brought suit, June ,9, 1869, m the District Court of the second judicial district of Nebraska, against Lowe, a citizen of the latter State, and obtained judgment Aug. 4, 1874, for $7,532.42. . Lowe thereupon appealed to the Supreme Court, and, on the 14th of August, 1875, filed' his petition in the latter court for the removal of the cause to the Circuit Court of the United States for the district of Nebraska. The prayer of the petition was rejected, and the court, March 30, 1876, rendered final judgment. Lowe…
1Opinion of the CourtChief Justice Waite
The act of March 2, 1867, 14 Stat. 558, provided for the removal of causes from the State courts to the circuit courts, under certain circumstances, when due application was made “ before the final hearing or trial of the suit.” This we held in Stevenson v. Williams, 19 Wall. 575, to mean “ before final judgment in the court of original jurisdiction where the suit is brought.” To the same effect are Vannever v. Bryant, 21 id. 43, and Fashnacht v. Frank, 23 id. 419, decided since. The act of March 3, 1875, 18 Stat. 471, under which the removal was attempted in this case, requires the petition…
2Cited by5 opinions
- Filan v. MartinCourt of Appeals of Washington · 1984
- Katz v. Herschel Mfg. Co.U.S. Circuit Court for the District of Nebraska · 1906
- Harr v. WrightNew York Supreme Court · 1936
- In re FrazerU.S. Circuit Court for the District of Eastern Michigan · 1878
- United States v. CurtisDistrict Court, S.D. New York · 1882