Pyatt v. Prudential Ins. Co. of America

REEVES, District Judge.

In this case there is no question as to a diversity of citizenship nor an amount in controversy within the jurisdiction of the court. The question agitated is whether the plaintiff was notified in writing before the filing of petition and bond for removal, and, if not, whether this requirement of the statute is mandatory and jurisdictional.

At the arguments of the motion to remand the parties were in agreement that on the day the petition and bond for removal were filed a notice was posted addressed to counsel for plaintiff at Joplin, Missouri, and received by him the…