Watt v. White
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. M. D. Ector. This cause was, by appeal, before the Military Supreme Court of Texas, Watt v. White, Smith & Baldwin, 33 Tex., 421, and again White, Smith & Baldwin v. Downs, 40 Tex., 225. An effort was made to remove the case to the United States Circuit Court for the Western District of Texas. The proceedings on this application are shown in the opinion. The facts are few additional to those appearing in the former appeals.
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Appeal from Harrison. Tried below before the Hon. M. D. Ector. This cause was, by appeal, before the Military Supreme Court of Texas, Watt v. White, Smith & Baldwin, 33 Tex., 421, and again White, Smith & Baldwin v. Downs, 40 Tex., 225. An effort was made to remove the case to the United States Circuit Court for the Western District of Texas. The proceedings on this application are shown in the opinion. The facts are few additional to those appearing in the former appeals. The objections urged to the claim of White,. Smith & Baldwin to enforce, by decree against Coyle’s estate, the vendor’s…
1Opinion of the Court
Moore, Associate Justice.
The appellant claims the right to remove this cause to the Circuit Court of the United States, by virtue of the act of Congress of March 3,1875. By the provisions of this act, a party desiring to remove a suit from a State court to the Circuit Court of the United States, should file a petition for its removal in the State court where the suit is pending, “before or at the term at which said cause could be first tried, and before the trial thereof.”
A reasonable construction of this statute, will not warrant the conclusion that a cause should be removed if an…
2Cases cited1 opinion
- Watt v. White, Smith & BaldwinTexas Supreme Court · 1870
3Cited by4 opinions
- in the Interest of D.S., a Child, Texas Court of Appeals, 7th District (Amarillo)2015
- Lowell v. Ball, Hutchings & Co.Texas Supreme Court · 1883
- Aldrich v. CrouchUnited States Circuit Court · 1882
- in the Interest of D.L., J.L., C.L. and L.L., Children, Texas Court of Appeals, 12th District (Tyler)2016