Brown v. Davis

BEEVES, District Judge.

Plaintiff has filed his motion to remand this cause to the .state court. The grounds of his motion are (a) that there is not a diversity of citizenship ; (b) that the defendant waived its right in the state court to have the cause removed to the federal court.

The facts are that the plaintiff filed his suit in a state court on the 13th day of January, 1926. The amount sued for then was $3,000, and on that date the defendant entered his appearance in the following language: “Comes now the above-named defendant, waives the issuance and service of summons herein, and enters…