Legal Opinion

Schipper v. Consumer Cordage Co.

U.S. Circuit Court for the District of Southern New York

Decided November 23, 1895PublishedCited by 15 opinions

This suit was brought in a state court by Charles W. (!. E. Schipper aud another against the Consumer Cordage Company,, Limited, and was removed to this court by defendant. A motion is now made to remand it, on the ground that the removal was too late, being after the expiration of the 20 days allowed for answer by the Code of Civil Procedure. The time for answering had been extended by stipulation, but not by order of court.

1Opinion of the Court

LACOMBE, Circuit Judge.

In Rycroft v. Green, 49 Fed. 177, it is stated to he the settled practice in this circuit to hold that extension of time to answer by order of court extends the time for removal. Such construction is within the language of the act of 1887, “before the defendant is required by the laws of the state or the rule of the state court * to answer.” But an extension of time to answer by stipulation only cannot he held to be an extension by rule of court. Motion to remand is granted.

2Cases cited1 opinion

  1. Rycroft v. GreenU.S. Circuit Court for the District of Southern New York · 1892

3Cited by15 opinions

  1. Bankers Securities Corp. v. Insurance Equities Corp.Court of Appeals for the Third Circuit · 1936
  2. Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
  3. Pruitt v. Charlotte Power Co.Supreme Court of North Carolina · 1914
  4. Chiatovich v. HanchettU.S. Circuit Court for the District of Nevada · 1897
  5. Mayer v. Ft. Worth & D. C. R. Co.U.S. Circuit Court for the District of Southern New York · 1899

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