Roberts v. Canington
The Superior Court of New York City
Mr. D. Lord, in behalf of the defendant in this cause, read a petition for its removal into the Circuit Court of the United States, upon the ground that the defendant was a citizen of another state. As there had been considerable delay in the application, he read affidavits showing that it had been occasioned by the indisposition of the defendant’s counsel.
1Per curiam 1
The plaintiff is entitled, by the express- words of the act, to a joint and several bond from the defendant, who transfers a cause commenced against him. in a state court, into the Circuit Court of the United States. Even although a Court of Equity might interpose, and furnish a remedy in some form to-the plantiff if required, yet he is entitled to a perfect security,, and an adequate remedy at lato, against each of the obligors. He is not bound to take a mere equitable lien, and the court cannot accept it. The petition and motion in this case must therefore be denied.
Mr. Lord then offered to…
Also in this document: Per curiam 2.
2Cited by2 opinions
- Hazard v. DurantSupreme Court of Rhode Island · 1868
- Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871