Burdick v. Peterson
United States Circuit Court
Motion to Remand. Action of ejectment, instituted in February, 1876, by the plaintiff, C. W.-Burdick, against the defendant, John Peterson, in the district court of Winneshiek county, Iowa. The defendant appeared in the state court and pleaded the general issue and the statute of limitations.
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Motion to Remand. Action of ejectment, instituted in February, 1876, by the plaintiff, C. W.-Burdick, against the defendant, John Peterson, in the district court of Winneshiek county, Iowa. The defendant appeared in the state court and pleaded the general issue and the statute of limitations. The cause was by the state court continued at the February term, 1876, at the June term, 1876, at the October term, 1876, at the February term, 1877, and at the June term, 1877. At the October term, 1877, George 0. Tollman had leave to file petition of intervention, whereby he alleged that he was the…
1Opinion of the CourtMcGiiary, C. J.
This court has several times held that the petition for removal, or the record of the cause in the state *842court, under the act of 1875, must show the citizenship of the parties at the time of the commencement of the suit.* Assuming the correctness of that general rule, we are to inquire, how does it affect this case ? The removal here was upon the petition of Tollman, the intervenor, who became the owner of all the interest of the original defendant by a purchase at judicial sale, made after this suit was brought and had been for some time pending, but before trial/ The petition for removal…
2Cited by1 opinion
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