Lantz v. Fretts
U.S. Circuit Court for the District of Northern West Virginia
In Equity. Suits by John W. Gantz, Jacob Minor, and Ruth K. Stephens, respectively, against A. K. Eretts and another. On motions to remand to state court.
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In Equity. Suits by John W. Gantz, Jacob Minor, and Ruth K. Stephens, respectively, against A. K. Eretts and another. On motions to remand to state court. Tie several plaintiffs in these causes filed their bills against the defendants Fretts and Allison — the first two at September rules, 1902; the last one named at January rules, 1902 — in the circuit court of Monongalia county, seeking to have certain recorded contracts touching the coal underlying their respective farms, executed by them to defendants, declared null and void, and the clouds thereof removed from their titles. Process was…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). Did these defendants, by entering their demurrers to the bills for tlie purpose of questioning the jurisdiction taken over them, and by permitting the state court to pass thereon, submit to the state court’s jurisdiction and lose their right to removal?
*1008Prior to Act March 3, 1875, c.' 137, 18 Stat. 470 (U. S. Comp. St. 1901, p. 508), a cause could be removed from á state court to a Circuit Court of the United States, by reason of diversity of citizenship, at any time prior to final trial had. This act of 1875 restricted such removal to “before or at the term…
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