Elliott v. Shuler
U.S. Circuit Court for the District of Western North Carolina
At.Law. A special proceeding by the plaintiff, as administrator, to obtain a license to sell the lands of his intestate to procure assets for the payment of debts, commenced in Catawba superior court, and removed to this court by nonresident defendants. Motion on the part of the plaintiff to remand to state court. Motion on the part of defendants to dismiss the proceeding.
1Opinion of the Court
Dick, District Judge.
From an examination of the duly-certified transcript of the process, pleadings, papers, and record transmitted to this court by the clerk of the superior court of Catawba county, I find the following uucontroverted facts as to the condition of this case in the state court at the time of removal into this court: A special proceeding was commenced by the plaintiff against the defendants in said superior court before the clerk, by a summons duly issued on the 24th of April, 1891, notifying the delendants to appear within 20 days after the service of the summons, and answer…
2Cases cited18 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Gaines v. FuentesSupreme Court of the United States · 1876
- Clark v. SmithSupreme Court of the United States · 1839
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Crowley v. Southern Ry. Co.U.S. Circuit Court for the District of Northern Alabama · 1905
- Postal Telegraph Cable Co. v. Southern Ry. Co.U.S. Circuit Court for the District of Western North Carolina · 1903
- Wells v. ClarkU.S. Circuit Court for the District of Montana · 1905