Kidd v. National Fire Ins.

McDOWELL, District Judge.

1. The copy of the record from the state court was filed in the clerk’s office of this court at Roanoke on February 28, 1929. The defendant filed no pleading within the next thirty days, and since then the plaintiff has, because of this fact, moved that the cause be remanded. See section 29, Judicial Code (28 USCA § 72).

If Congress intended that remanding a removed case should be the penalty for failure by the defendant to file a pleading within thirty days after removal, there are no words used in the statute which express, or which to my mind imply, such intent.

The…