Lalor v. Dunning
New York Court of Common Pleas
The action is brought to foreclose a purchase-money mortgage on property on One Hundred and Fourteedth street, New York city, and all the parties to it are residents and citizens of New York state. The defendant Wiley made the mortgage to plaintiff and subsequently conveyed the property to Fanny G. Dunning, subject to the mortgage.
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The action is brought to foreclose a purchase-money mortgage on property on One Hundred and Fourteedth street, New York city, and all the parties to it are residents and citizens of New York state. The defendant Wiley made the mortgage to plaintiff and subsequently conveyed the property to Fanny G. Dunning, subject to the mortgage. All the defendants are in default except Fanny G. Dunning, and the .only relief asked for in the complaint against her is to bar her claim to the property. She, however, presented to judge Larremobe a bond and petition for removal of cause to the United States…
1Opinion of the CourtVan Hoesen, J.
It was unnecessary for the special term of this court to make any order for the removal of this cause to the United States circuit court. All that section 3 of chapter 3, 18 United States Statutes at large (act of congress of 1875) requires is, that the state court shall accept the bond, and the petition of the party seeking to transfer the action from the state to the federal court. The state court may, however, pass, in the first instance, upon the sufficiency of the bond and the sureties, and may also determine whether the facts exist which entitle a suitor to a removal of the cause. Uo…
2Cases cited4 opinions
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Shaft v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1876
- Bell v. . DixNew York Court of Appeals · 1872
- Smith v. SpaldingThe Superior Court of New York City · 1864