Alabama v. Peak
District Court, S.D. Alabama
Joe Peak was indicted in the Alabama circuit court for grand larceny, and the cause was removed to the federal court on petition, under Judicial Code, § 33. On motion to remand.
1Opinion of the Court
ERVIN, District Judge.
This matter comes on to be heard on the motion by the state of Alabama to remand the case of Joe Peak to the state court for trial, in which it is claimed: First, that the petition of the defendant to remove the above-entitled cause from the circuit court of the Thirteenth judicial circuit, at Mobile, to this court, denies that he committed the larceny complained of in the indictment; second, that the petition does not state facts entitling petitioner to a removal of the above-entitled cause from said circuit court to this honorable court. It will be seen at once that…
2Cases cited6 opinions
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- Sun Mutual Insurance v. Ocean InsuranceSupreme Court of the United States · 1883
- Davis v. South CarolinaSupreme Court of the United States · 1883
- People's United States Bank v. GoodwinU.S. Circuit Court for the District of Eastern Missouri · 1908
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3Cited by2 opinions
- Oregon v. WoodDistrict Court, D. Oregon · 1920
- Tennessee v. KeenanDistrict Court, W.D. Tennessee · 1936