Redmond v. Russell
New York Supreme Court
THIS was an action of assumpsit, on an inland bill of exchange, for 500 dollars, against the defendants, as drawers, one of whom only had been taken. The declaration was filed the 23d August, 1814; and special bail put in the 3d of September.
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THIS was an action of assumpsit, on an inland bill of exchange, for 500 dollars, against the defendants, as drawers, one of whom only had been taken. The declaration was filed the 23d August, 1814; and special bail put in the 3d of September. On the 6th of September, the defendants’ attorney gave notice to , , , . _ . , .... , , the plaintiff s attorney, that he should petition this court, to have the cause removed into the circuit court of the United States, and served him with a copy of the petition. The petitian was not filed in the clerk’s office of this court. At the last term, the…
1Opinion of the CourtSpencer, J.
To entitle a citizen of another state, sued here by a citizen of this state, to a removal of the cause to the circuit court of the United States, the act of congress (1 vol. p. 56. s. 12.) requires that the defendant shall, at the time of entering Ms appearance in the state court, file a petition for the removal of the cause for trial, into the next circuit court, &c. &c.. In this case, the .defendant filed special bail on the 3d of September last, and on the 6th of that month, gave notice to the plaintiff, of his intention to apply for the removal of the cause, and subsequently obtained an…
2Cited by10 opinions
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- Suydam v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
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