Wena Lumber Co. v. Continental Lumber Co.
District Court, S.D. Mississippi
At Law. Action by the Wena Lumber Company against the Continental Lumber Company. On motion to remand to state court.
1Opinion of the Court
HOLMES. District Judge.
This suit was filed in the circuit court of Hancock county, and on petition of the defendant was duly removed to this court. More than eight months elapsed after the transcript was illed in this court before the defendant filed any plea, answer, or demurrer to the declaration. No effort was made to comply with the provision of the removal statute (Comp. St. § 1011) requiring the removing party to plead, answer, or demur to the declaration or complaint within 30 days after the filing of the transcript in the district court, and no satisfactory excuse is offered for thus…
2Cases cited1 opinion
- Cain v. Commercial Publishing Co.Supreme Court of the United States · 1914
3Cited by5 opinions
- Ciccarello v. Jos. Schlitz Brewing Co.District Court, S.D. West Virginia · 1940
- Brown v. Empire Gas & Fuel Co.District Court, D. Kansas · 1928
- Virginia Bridge & Iron Co. v. United States Shipping Board Emergency Fleet Corp.District Court, S.D. Alabama · 1924
- Egger v. Julian Petroleum Corp.District Court, N.D. Texas · 1927
- Stock Yards Bank v. National Surety Corp.District Court, W.D. Kentucky · 1941