New York Warehouse & Security Co. v. Loomis
Massachusetts Supreme Judicial Court
Contract on a promissory note for $105,333.33. Writ dated December 14, 1874, and entered at April term 1875, of this court. The plaintiff was and still is a corporation established and doing business in the State of New York, and the defendant a resident and citizen of Connecticut and doing business in that State.
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Contract on a promissory note for $105,333.33. Writ dated December 14, 1874, and entered at April term 1875, of this court. The plaintiff was and still is a corporation established and doing business in the State of New York, and the defendant a resident and citizen of Connecticut and doing business in that State. The defendant filed his answer at April term 1875, to wit, on May 6, 1875. The case was first placed on the trial list at September term 1876. During that term, to wit, on March 5, 1877, and before trial, the defendant filed by consent an amended answer, and on the same day filed a…
1Opinion of the CourtGray, C. J.
A petition for the removal of a cause «from a state court into a Circuit Court of the United States must, by the terms of the act of Congress of March 3, 1875, § 3, be filed “ before or at the term at which said cause could be first tried, and before the trial.” The manifest purpose and effect of this enactment are that a party, who intends to remove a case from a state court into a federal court for trial, shall' do so, not only before trial in the state court, but at the first term at which a case is at issue for trial and might be ordered to be tried there.
By our practice act, an action at…
2Cases cited1 opinion
- Scott v. Clinton & S. R.U.S. Circuit Court for the Southern District of Illnois · 1876
3Cited by8 opinions
- Clark v. ChildMassachusetts Supreme Judicial Court · 1884
- Stone v. SargentMassachusetts Supreme Judicial Court · 1880
- Amy v. ManningMassachusetts Supreme Judicial Court · 1887
- Flagg v. WalkerIllinois Supreme Court · 1884
- Sharp v. GutcherIndiana Supreme Court · 1881
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