Lewis v. Smythe
U.S. Circuit Court for the District of Louisiana
In equity. The bill stated, in substance, that the defendant George A. Smythe, a citizen of Mississippi, brought an action against the complainant [Robert N.] Lewis, a citizen of Louisiana, in the fourth district court of the parish of Orleans, on the 28th of November, 1874, to recover the sum of $3,518. Lewis, desiring to remove the cause to this court, by virtue of the provisions of the act of congress, approved March 3, 1875 (IS Stat. 470, §§ 2, 3), on the 2d day of July,…
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In equity. The bill stated, in substance, that the defendant George A. Smythe, a citizen of Mississippi, brought an action against the complainant [Robert N.] Lewis, a citizen of Louisiana, in the fourth district court of the parish of Orleans, on the 28th of November, 1874, to recover the sum of $3,518. Lewis, desiring to remove the cause to this court, by virtue of the provisions of the act of congress, approved March 3, 1875 (IS Stat. 470, §§ 2, 3), on the 2d day of July, 1875, filed his petition and bond for that purpose in said fourth district court, as required by the statute. The court…
1Opinion of the Court
WOODS, Circuit Judge.
The act of congress, prescribing how causes may be removed from the state to the federal courts (18 Stat 470), declares: Sec. 3. That “whenever either party or any one or more of the plaintiffs or defendants, entitled to remove any suit mentioned in the next preceding section, shall desire to remove such suit from a state court to the circuit court of the United States, he or they may make and file.a petition in such suit in such state court, before or at the term at which said cause could be first tried, and before the trial thereof for the removal of such suit into the…
2Cited by1 opinion
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