McKeen v. Ives
U.S. Circuit Court for the District of Indiana
On Motion to Remove. The superior court of Vigo county having overruled the application of the defendant the Cincinnati, Hamilton & Dayton Railway Company to remove the cause to this court, the petitioner procured and filed here a transcript of the record, and the motion of the plaintiff is to strike the same from the files.
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On Motion to Remove. The superior court of Vigo county having overruled the application of the defendant the Cincinnati, Hamilton & Dayton Railway Company to remove the cause to this court, the petitioner procured and filed here a transcript of the record, and the motion of the plaintiff is to strike the same from the files. It appears from the transcript that the original complaint was filed in the superior court on the 2d day of January, 1888, in term-time, and the summons was issued, served, and returned on the same day. The summons in terms required the defendants .“to appear in the…
1Opinion of the Court
Woods, J.,
(after slating the facts as above.) I am of opinion that the application for removal was made in time and should have been granted. Under a statute identical with section 400, supra, of'the Revision of 1881, the supreme court of the state in 1879 held that a judgment by default could not be entered on the first day of the term of court to which the summons was returnable, (Mitchell v. McCorkle, 69 Ind. 184;) and unless that decision is for some reason inapplicable here, it, follows that the docketing of this cause “for issues” on March 5th was improper and unlawful. If authorized by…
2Cases cited1 opinion
- Mitchell v. McCorkleIndiana Supreme Court · 1879
3Cited by3 opinions
- Whiteley Malleable Castings Co. v. Sterlingworth Railway Supply Co.U.S. Circuit Court for the District of Indiana · 1897
- Martin v. Old-First Nat. Bank & Trust Co.District Court, N.D. Indiana · 1934
- Elms v. CraneSupreme Judicial Court of Maine · 1919