Clark v. Child
Massachusetts Supreme Judicial Court
Contract, on a judgment obtained July 13, 1881, in the Superior Court for the city and county of San Francisco, in the State of California. Writ dated March 4, 1882. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows : The plaintiff was and still is a resident and citizen of California, and the defendant a resident and citizen of Massachusetts.
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Contract, on a judgment obtained July 13, 1881, in the Superior Court for the city and county of San Francisco, in the State of California. Writ dated March 4, 1882. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows : The plaintiff was and still is a resident and citizen of California, and the defendant a resident and citizen of Massachusetts. The writ was entered at April term, 1882, of the Superior Court. The defendant filed his answer at the same term, namely, on May 2, 1882, and claimed a jury trial within…
1Opinion of the CourtMorton, C. J.
The U. S. St. of March 3,1875, § 3, provides that, in order to remove a suit from a state court into a circuit court of the United States, the party seeking such removal “ may make and file a petition in such suit in such state court before or at the term at which said cause could be first tried, and before the trial thereof.”
*347In New York Warehouse & Security Co. v. Loomis, 122 Mass. 431, which was in its facts much like the case at bar, Chief Justice Gray said that “the manifest purpose and effect of this enactment are that a party, who intends to remove a case from a state court into a…
2Cases cited4 opinions
- Faber v. HoveyMassachusetts Supreme Judicial Court · 1875
- Gurnee v. BrunswickU.S. Circuit Court for the District of Eastern Virginia · 1876
- Hopkins v. ShepardMassachusetts Supreme Judicial Court · 1880
- New York Warehouse & Security Co. v. LoomisMassachusetts Supreme Judicial Court · 1877
3Cited by19 opinions
- Carson v. SmithSupreme Court of Missouri · 1896
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Atwood v. WalkerMassachusetts Supreme Judicial Court · 1901
- Bowers v. HammondMassachusetts Supreme Judicial Court · 1885
- Budish v. DanielMassachusetts Supreme Judicial Court · 1994
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