Durand v. Hollins
The Superior Court of New York City
The defendant, being a citizen of the State of Delaware, and having been sued in this court by the plaintiff, a citizen of this State, on the 9th of September entered his appearance in the action with the clerk of the court, and at the same time filed with the clerk a petition to remove the cause to the Circuit Court of the United States for this district. The petition is now presented to the court, and such security is offered as complies with the act of Congress.
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The defendant, being a citizen of the State of Delaware, and having been sued in this court by the plaintiff, a citizen of this State, on the 9th of September entered his appearance in the action with the clerk of the court, and at the same time filed with the clerk a petition to remove the cause to the Circuit Court of the United States for this district. The petition is now presented to the court, and such security is offered as complies with the act of Congress. The defendant was arrested on the 24th of August last, under an order requiring him to be held to bail. He then executed an…
1Opinion of the CourtBosworth, J.
Full compliance with the act of Congress gives the defendant an absolute right to have this action remoyed to and tried in the Circuit Court of the United States. The plaintiff’s counsel insists, that the defendant has not complied with it, but, on the contrary, by executing an undertaking on his arrest with sureties, who were not excepted to within the time allowed by § 193 of the Code, which time expired before the petition was filed, has lost the right to remove the action. He relies on Redmond v. Russell, 12 J. R. 153. It was held in that case, that a defendant who puts in special bail…
2Cited by3 opinions
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