Eaton v. Walker
Massachusetts Supreme Judicial Court
Contract for the value of professional services as attorneys at law alleged to have been rendered to the defendant by the plaintiffs, copartners under the name and style, Eaton and Chandler. Writ dated July 22, 1921. The original writ and declaration and the plaintiffs’ motion to amend the writ are described in the opinion. The motion was heard by Irwin, J., and was allowed.
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Contract for the value of professional services as attorneys at law alleged to have been rendered to the defendant by the plaintiffs, copartners under the name and style, Eaton and Chandler. Writ dated July 22, 1921. The original writ and declaration and the plaintiffs’ motion to amend the writ are described in the opinion. The motion was heard by Irwin, J., and was allowed. Notice thereof was given by the clerk of courts to the statutory agent of the executor of the will of Edward F. Searles and to his attorneys of record in the Superior Court. Thereupon, on February 6 and 7, 1922, special…
1Opinion of the CourtRugg, C. J.
The right of the defendant to remove this action to the District Court of the United States is presented by this report. No point is raised as to the form of the petition for removal, sufficiency of the bond, removability of the cause, or diversity of citizenship of the parties. The single question is whether petition for removal was filed within the time prescribed by the federal statutes.
On a petition for removal, all controverted questions of fact must be tried in the federal court on a motion to remand. Whether a cause for removal is made out as matter of law on the face of the record is…
2Cases cited40 opinions
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Relfe v. RundleSupreme Court of the United States · 1881
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
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3Cited by49 opinions
- City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
- West's CaseMassachusetts Supreme Judicial Court · 1943
- Rosenblatt v. FoleyMassachusetts Supreme Judicial Court · 1925
44 more not listed; retrieve them via the Exa API.