Deware v. Wyatt
Supreme Court of Missouri
Error to Johnson Court of Common Pitas. The facts stated, if true, were no defense to the action. The State court having obtained jurisdiction over the person of the defendant and the subject-matter of the action, has the right to retain it, and will retain it, unless the defendant, by affidavit filed at the first term, in pursuance of the twelfth section of the judiciary act of 1789, removes the cause into the Circuit Court of the United States.
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Error to Johnson Court of Common Pitas. The facts stated, if true, were no defense to the action. The State court having obtained jurisdiction over the person of the defendant and the subject-matter of the action, has the right to retain it, and will retain it, unless the defendant, by affidavit filed at the first term, in pursuance of the twelfth section of the judiciary act of 1789, removes the cause into the Circuit Court of the United States. (Rogers v. City of Cincinnati, 5 McLean, 337; McLeod v. Duncan, id. 342.)
1Opinion of the CourtBliss, Judge
The plaintiff filed his petition under the statute (Wagn. Stat. 1022, § 53), showing that he was in possession as owner of certain lands to which defendant makes some claim, and asks that he be summoned to show, cause why he should not bring an action to try his title. The preliminary order was issued, and defendant answered that he was a citizen of Kentucky, and had already, and since the service of notice, commenced proceedings to vindicate his claim in the United States Circuit Court of Missouri. This answer was stricken out on motion and a peremptory order was issued, to reverse‘which…
2Cases cited2 opinions
- Von Phul v. PennSupreme Court of Missouri · 1861
- Grant v. KingSupreme Court of Missouri · 1861
3Cited by1 opinion
- Dyer v. BaumeisterSupreme Court of Missouri · 1885