Wing v. Chicago & N. W. R'y Co.
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. Frank; R. Aikens, Judge. Application by defendant for a removal of this cause from the state circuit court to the circuit court of the United States. Denied. ' Defendant apx>eals. The facts so far as material are stated in the opinion. Defendant’s axoplication to the state court for a continuance 'was not a waiver of its right to file a petition and bond for removal.
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Appeal from circuit court, Brookings county. Hon. Frank; R. Aikens, Judge. Application by defendant for a removal of this cause from the state circuit court to the circuit court of the United States. Denied. ' Defendant apx>eals. The facts so far as material are stated in the opinion. Defendant’s axoplication to the state court for a continuance 'was not a waiver of its right to file a petition and bond for removal. Its right to a removal existed down to the time of the final disposition of the case by trial. Enabling Act, § 23; Lockhart v. Railroad, 38 Fed. 274; T. C. & L. Co. v. Waller; 37…
1Opinion of the CourtBennett, J.
This action was commenced in the district court of the fifth judicial district in and for the county of Brookings, in the Territory of Dakota, on the 22d day of January, 1889. The defendant answered said complaint on the 22d day of August following; to which answer the plaintiff duly served a reply. The case was put upon the calendar by notice of trial, by both parties, in the circuit court of said Brookings county, to stand for trial at the regular term, commencing on the 11th day of March, 1890. When the case was called, defendant made application for a continuance, which was denied; but…
2Cases cited1 opinion
- Ames v. Colorado Cent. R.District Court, D. Colorado · 1876
3Cited by5 opinions
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- Sargent v. KindredNorth Dakota Supreme Court · 1895
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Gull River Lumber Co. v. School District No. 39North Dakota Supreme Court · 1891
- Sargent v. KindredU.S. Circuit Court for the District of North Dakota · 1892