Grow v. Wiman
City of New York Municipal Court
The defendant filed a petition and bond to remove the •cause to the United States circuit court. The bond was made to the “People of the State of New York,” and not to the plaintiff. The plaintiff treated the removal as ineffective, and entered judgment in the state court as by default. The defendant thereupon moved to vacate the judgment as irregular and void. The other facts appear in the opinion.
1Opinion of the CourtMcAdam, C. J.
At the time the action was commenced, the plaintiff was a citizen of the state of New York, and the defendant, an alien. .The claim exceeded $500 in amount, and the defendant, before the time for pleading had expired,, filed in the office of the clerk of this court a petition and bond for the removal of the action into the circuit court of the United States. The act of congress provides, that in order to effect such removal, the petitioner in the case must at the time of filing his petition therefor, offer in the state court “good and sufficient surety” for the petitioner’s “entering in the…
2Cases cited4 opinions
- The People v. . NortonNew York Court of Appeals · 1853
- People v. TownsendNew York Supreme Court · 1862
- Taylor v. . ShewNew York Court of Appeals · 1873
- People ex rel. Demarest v. LawsNew York Supreme Court · 1856