Taylor v. . Shew
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the sum of §561.91, with interest, on an account stated. The answer bets up several defences, and among them that the action has been removed to the Circuit Court of the United States. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover the sum of §561.91, with interest, on an account stated. The answer bets up several defences, and among them that the action has been removed to the Circuit Court of the United States. The facts appear sufficiently in the opinion. Upon the filing of defendant’s petition and the tendering of his bond, the State court ceased to have jurisdiction. (Act of Sept. 24,1789,1 Stat. at…
1Opinion of the Court
Earl, C.
It appeared upon the trial that the plaintiff’s claim was fór over $500, and that at the time of the commencement of the action the plaintiff was a citizen of the State of ¡New York, and the defendant a citizen of the State of California; that within twenty days after the commencement of the action, defendant entered his "appearance and filed his petition for the removal of the cause to the Circuit Court of the United States, in accordance with section 12 of the Federal Judiciary Act of 1789. The petition was correct in form and substance, and the appearance was properly entered, and…
2Cases cited2 opinions
- Gordon v. LongestSupreme Court of the United States · 1842
- Stevens v. . the Phoenix Insurance Co.New York Court of Appeals · 1869
3Cited by4 opinions
- Mix v. . Andes Insurance CompanyNew York Court of Appeals · 1878
- Chamberlain v. American National Life & Trust Co.New York Supreme Court · 1877
- Grow v. WimanCity of New York Municipal Court · 1886
- Leutze v. ButterfieldNew York Court of Common Pleas · 1877