Conner v. Skagit Cumberland Coal Co.
U.S. Circuit Court for the District of Washington
Act Cong. March 3, 1887, (24 St. 554,) relating to the removal of causes from the state to the federal court, provides that “ whenever any party, entitled to remove any suit, * * * may desire to remove such suit from a state court to the circuit court of the United States, he may make and file a petition in such suit in such state court, at the time or at any time before the defendant is required, by the laws of the state or the rulo of the state court in which such suit is…
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Act Cong. March 3, 1887, (24 St. 554,) relating to the removal of causes from the state to the federal court, provides that “ whenever any party, entitled to remove any suit, * * * may desire to remove such suit from a state court to the circuit court of the United States, he may make and file a petition in such suit in such state court, at the time or at any time before the defendant is required, by the laws of the state or the rulo of the state court in which such suit is brought, to answer or plead to the declaration or complaint. * * * ”
1Opinion of the CourtHanford, J.
The plaintiff has moved to remand this case to the state court in which it was commenced, on the ground that the petition and bond for removal to this court were not filed until the right to remove had been lost by expiration of the time limit. Whatever the facts may he as to the service of the jurisdictional process upon the defendant, the proof of service contained in the record is unsatisfactory, and I consider that it would be unsafe to hold such proof to bo sufficient. 1 shall therefore decide the issues presented by the motion, assuming it to be a fact that the summons has not been…
2Cited by8 opinions
- Atlanta, K. & N. Ry. Co. v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
- McMillen v. Indemnity Ins. Co. of North AmericaDistrict Court, W.D. Missouri · 1925
- Sidway v. Missouri Land & Live Stock Co.U.S. Circuit Court for the District of Western Missouri · 1902
- Whiteley Malleable Castings Co. v. Sterlingworth Railway Supply Co.U.S. Circuit Court for the District of Indiana · 1897
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