Woolridge v. McKenna
United States Circuit Court
In Equity. Motion to remand. The first ground of the motion to remand was because the transcript from the state court was not filed until the second day of the next succeeding term of the federal court.
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In Equity. Motion to remand. The first ground of the motion to remand was because the transcript from the state court was not filed until the second day of the next succeeding term of the federal court. In explanation of this delay, the attorney for the petitioner filed an affidavit, the substantial part of which is in the following words: “ I further state that I obtained said copy a few days before the first day of the present term of this court, for the purpose of examining the same to see that it was correct. I had examined the said copy before the first day of the term, and had…
1Opinion of the Court
Hammond, D. J.
The affidavit of the attorney for the petitioner shows that the omission to file the transcript on the first day of the next session of this court was an inadvertence. It was filed on the next or second day of the session, and no injury could possibly have resulted to the other parties by the failure to comply with the letter of the statute. It would be, therefore, a very harsh rule, and entirely at variance with the analogies of the practice, in this state, to hold that' a slip like that had defeated the jurisdiction of this court and destroyed the efficacy of this statute. I…
2Cases cited69 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- United States v. KirbySupreme Court of the United States · 1869
- Galpin v. PageSupreme Court of the United States · 1874
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Robertson v. CeaseSupreme Court of the United States · 1878
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3Cited by34 opinions
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- Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
- Toledo Traction Co. v. CameronCourt of Appeals for the Sixth Circuit · 1905
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