Leutze v. Butterfield
New York Court of Common Pleas
Trevor C. Leutze sued William Butterfield in this court, for goods sold and delivered by one Elmer Townsend, of Boston, the demand having been, after Townsend’s death, assigned by his administrator, H. E. Townsend, to Leutze, the plaintiff.
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Trevor C. Leutze sued William Butterfield in this court, for goods sold and delivered by one Elmer Townsend, of Boston, the demand having been, after Townsend’s death, assigned by his administrator, H. E. Townsend, to Leutze, the plaintiff. Defendant was served with summons and complaint, Feb. 17, 1876; and an attachment against his property, on the ground that he was a non-resident, was issued, and on Feb. 18, 1876, he appeared generally, by attorney, and on the 25th gave an undertaking to secure a discharge of the attachment. On March 8, 1876, before answer, he presented the bond and…
1Opinion of the CourtVan Brunt, J.
(After referring to the above facts.)—This'motion must necessarily be governed by the act of Congress of March 3, 1875, which seems to have been intended to supersede all previous legislation upon the subject of the removal of causes from the State courts to the United States circuit court. Upon reading the first and second sections of that act, so far as applicable to cases similar to the one at bar, it may appear that the provisions of section second are contrary to the restriction of the first section; but I *20think it is possible to harmonize them so as to give each its proper force and…
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- West v. Aurora CitySupreme Court of the United States · 1868
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