Rosenthal v. Coates
Supreme Court of the United States
APPEAL' FROM THE CIRCUIT COURT OF THE UNITED STATES FOB THE WESTERN DISTRICT OP MISSOURI. In the call of the docket this case was reached on the 17th of October, 1892, and was then dismissed pursuant to the tenth rule, on the ground .that the record was not printed.
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APPEAL' FROM THE CIRCUIT COURT OF THE UNITED STATES FOB THE WESTERN DISTRICT OP MISSOURI. In the call of the docket this case was reached on the 17th of October, 1892, and was then dismissed pursuant to the tenth rule, on the ground .that the record was not printed. Thereupon, on the 19th of December, 1892, the following' motion was submitted on behalf of the appellant, entitled in the cause: “ Now comes Max Bosenthal, appellant, by George Hoadly, his attorney, and moves the court to set aside the order made' herein on Monday, October 17th, 1892, dismissing this cause under the tenth rule, ‘…
1Opinion of the CourtJustice Brewer
The motion to remand was properly sustained. No removal could be had under the act of March 3, 1875, 18 Stat. 470, c. 137, because the application was not made before or- at the term at which said cause could be first tried. The case had been once tried in the Circuit Court, and thereafter reversed on appeal by the Supreme Court of the State.
Neither could it be removed on the ground of locaL prejudice, which is one of the grounds set forth in the petition for removal,- because such removal can be had only where all the parties to the suit on one side are citizens of a different State from…
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