Merchants' & Manufacturers' Nat. Bank v. Wheeler
U.S. Circuit Court for the District of Southern New York
[This was an action by the Merchants’ & Manufacturers’ National Bank against George M. Wheeler. Heard on motion to remand cause to the state court.)
1Opinion of the Court
JOHNSON, Circuit Judge.
The defendant’s first application to remove the cause seems to have been abandoned on account of defects supposed to exist in the papers presented to the state court The subsequent application, which is to be regarded as made on the 27th of April, 1875, avoided the defects of the papers used on the prior application. The rule being now settled, that the application, if sufficient, by law is effectual to remove the cause, however it may be disposed of by the state court, the question now is whether the defendant was in time under the act of March 3d, 1875 (18 Stat. 470).…
2Cited by4 opinions
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