Houser v. Clayton
U.S. Circuit Court for the District of Eastern Texas
This was a suit brought in the district court for the county of Galveston by Henry Houser against W. T. Clayton and A. Hei-denheimer, to recover damages for an alleged trespass by unlawfully entering the house of the plaintiff in Galveston, searching the same in a rough and violent manner, and terrifying his family.
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This was a suit brought in the district court for the county of Galveston by Henry Houser against W. T. Clayton and A. Hei-denheimer, to recover damages for an alleged trespass by unlawfully entering the house of the plaintiff in Galveston, searching the same in a rough and violent manner, and terrifying his family. On the 12th day of February, 1878, the defendants filed a petition to remove the cause to the circuit court of the United States for the Eastern district of Texas, which petition was accompanied by a bond as required by law. By leave of the court subsequently given, the petition…
1Opinion of the Court
BRADLEY, Circuit Justice.
The plaintiff moves to remand the same on the ground that the causes of removal were insufficient. The plaintiff, in support of the motion to remand, contends that this suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of this court. That the petition for removal was insufficient, presenting no legal ground . for removal; that the amended .petition was unauthorized by law; that the order for removal was made on a day subsequent to the appearance of the defendants; that the petition and exhibits attached thereto…
2Cases cited1 opinion
- Insurance Company v. PechnerSupreme Court of the United States · 1877
3Cited by11 opinions
- Bock v. PerkinsSupreme Court of the United States · 1891
- Woolridge v. McKennaUnited States Circuit Court · 1881
- Eighmy v. PoucherU.S. Circuit Court for the District of Northern New York · 1898
- Hurst v. CobbDistrict Court, N.D. Texas · 1894
- Deford, Hinkle & Co. v. MehaffyUnited States Circuit Court · 1882
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