Norris v. Mineral Point Tunnel

The only objection to the jurisdiction of this court herein is that the petition for removal made by the plaintiff states that he desires to remove the suit into this court in pursuance of section 639, subd. 3, of the Revised Statutes of the United States, and that he did not file in the state court an affidavit as to prejudice or local influence, as required by that subdivision. The prayer of the petition is that the suit may be removed “pursuant to the aforesaid act.” The petition states facts which make out a case for removal under the first. clause of section 2 of the act of March 3,…