Price v. Lehigh Val. R.
U.S. Circuit Court for the District of Northern New York
This was an action by Charles L. Price against the Lehigh Valley Railroad Company, brought in a court of the state of New York, and removed by defendant to tbe United States circuit court. Plaintiff moved to remand.
1Opinion of the Court
COXE, District Judge.
When tbe defendant permitted the 20 days allowed by tbe New York Code of Civil Procedure to expire without legal extension it lost the right to remove. The defendant was required “by the laws of the state” to answer the complaint on or before October 19, 1894. Assuming that the language of the removal act “or the rule of the state court” (25 Stat. 433, 435) is applicable where the time to answer is fixed by the laws of the state, it does not aid the defendant. The time to answer was not extended by a rule of the state court. It was extended pursuant to an understanding…
2Cases cited6 opinions
- Daugherty v. Western Union Tel. Co.District Court, D. Indiana · 1894
- Delbanco v. SingletaryU.S. Circuit Court for the District of Nevada · 1889
- Spangler v. Atchison, T. & S. F. R.U.S. Circuit Court for the District of Western Missouri · 1890
- Doyle v. BeaupreU.S. Circuit Court for the District of Northern New York · 1889
- Leese v. SchermerhornNew York Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Garrard v. Silver Peak MinesU.S. Circuit Court for the District of Nevada · 1896
- Chiatovich v. HanchettU.S. Circuit Court for the District of Nevada · 1897
- Lord v. Lehigh Val. R. Co.U.S. Circuit Court for the District of Eastern New York · 1900
- Quilhot v. HamerU.S. Circuit Court for the District of Northern New York · 1907
- Prado v. Central San CristobalDistrict Court, D. Puerto Rico · 1909