Legal Opinion
Mellon v. International Shoe Co.
District Court, D. Massachusetts
Decided April 18, 1929No. 3470PublishedCited by 7 opinions
1Opinion of the Court
MORTON, District Judge.
As an original question it is certainly arguable whether the statutory provision for written notice of the petition and bond for removal constitutes an essential step in removal proceedings. That question has, however, been settled in this court by the decision of Judge Dodge. Arthur v. Maryland Casualty Co., 216 F. 386. Assuming it to be an essential step, I do not think that anything which counsel for the plaintiff said or did, as stated in the agreed facts, amounted to a waiver of it. The ease when first entered in this court was remandable.
The further question is…
2Cases cited3 opinions
- Arthur v. Maryland Casualty Co.District Court, D. Massachusetts · 1914
- Philadelphia & Boston Face Brick Co. v. WarfordDistrict Court, D. Massachusetts · 1902
- Enders v. Supreme Lodge Knights & Ladies of HonorU.S. Circuit Court for the District of Eastern New York · 1910
3Cited by7 opinions
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- Intercoastal Refining Co., Inc. v. JalilDistrict Court, S.D. Texas · 1980
- Green v. ZuckDistrict Court, S.D. New York · 1955
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