Loland v. Northwest Stevedore Co.
District Court, D. Oregon
Action by Marcus' Loland against the Northwest Stevedore Company, a corporation. Motion to remand allowed.
1Opinion of the Court
BEAN, District Judge.
Section 29 of the Judicial Code provides that written notice of a petition and bond for removal of an action from a state court shall be given the adverse party prior to the filing of the same. This requirement is one of substance, and if not complied with, the federal court cannot ignore it and retain jurisdiction if seasonable objection is made. Wanner v. Bissinger & Co., decided by this court on September 29, 1913; Goins v. Southern Pac. Co. (D. C.) 198 Fed. 432; United States v. Sessions, 205 Fed. 502, 123 C. C. A. 570.
The statute does not prescribe the length of time…
2Cases cited3 opinions
- Chase v. ErhardtDistrict Court, D. Vermont · 1912
- Goins v. Southern Pac. Co.District Court, N.D. California · 1912
- United States ex rel. Butterworth & Lowe v. SessionsCourt of Appeals for the Sixth Circuit · 1913
3Cited by10 opinions
- Vadner v. VadnerDistrict Court, D. Nevada · 1918
- Flowers v. Aetna Casualty & Surety Co.Court of Appeals for the Sixth Circuit · 1947
- Lee v. Continental Ins.District Court, E.D. Kentucky · 1923
- Arthur v. Maryland Casualty Co.District Court, D. Massachusetts · 1914
- Kueck v. Northwestern Mut. Life Ins.District Court, S.D. New York · 1932
5 more not listed; retrieve them via the Exa API.