Duvall v. Wabash Ry. Co.

VAN VALKENBURGH, District Judge.

Plaintiff, by motion to remand and plea in abatement, raises substantially four questions for determination by the court. The first is that by the taking of depositions the defendant in substance submitted itself to the jurisdiction of the state court and waived its right to remove. This contention cannot be sustained under the practice. It has been held that even the filing of a demurrer, which is a substantial pleading, does not in any way prejudice or affect the right of removal; but, even though this view should not be sustained, nevertheless the mere…