West v. Aurora City
Supreme Court of the United States
Error to the Circuit Court for Indiana. The twelfth section of the Judiciary Act provides: “That if a suit be eomrnenced in any State court against an alien, or by a citizen of tbe State in which the suit is brought, against a citizen of another State, .... and the defendant shall, at the time of entering his appearance, file his petition for the removal of the cause for trial in the nest Circuit Court, .... and offer good and sufficient surety for his entering appearance in…
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Error to the Circuit Court for Indiana. The twelfth section of the Judiciary Act provides: “That if a suit be eomrnenced in any State court against an alien, or by a citizen of tbe State in which the suit is brought, against a citizen of another State, .... and the defendant shall, at the time of entering his appearance, file his petition for the removal of the cause for trial in the nest Circuit Court, .... and offer good and sufficient surety for his entering appearance in such State court, on the first day of its session, and file copies of said process against him, ... it shall bo the…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
' We think that the Circuit Court was clearly right in its action. The filing of the additional paragraphs did not make a new suit within the meaning of the Judicial Act. They were in the nature of defensive pleas, coupled with a prayer for injunction and general relief. This, if allowed by the code of Indiana, might give them, in some sense, the character of an original suit, but not such as could be removed from the jurisdiction of the State court. The right of removal is given only to a defendant who has not submitted himself to that…
2Cited by61 opinions
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- Federal Insurance Company v. TYCO INTERNATIONALDistrict Court, S.D. New York · 2006
- Federal Savings and Loan Insurance Corporation v. Howard B. QuinnCourt of Appeals for the Seventh Circuit · 1969
- Michael Bauer v. Home Depot U.S.A., Inc.Court of Appeals for the Seventh Circuit · 2017
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