McGinnity v. White
U.S. Circuit Court for the District of Nebraska
On motion by the plaintiff [John McGin-nity] to remand the cause to the state court because it was improperly removed to this court. The removal was ordered by the state court upon the petition of Francis A. White, one of the defendants. The record shows that the plaintiff commenced his suit in the state court, February 2Sth, 1870, demanding, in his petition, of the defendants, five in number, as copartners, 81,000 for work and labor.
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On motion by the plaintiff [John McGin-nity] to remand the cause to the state court because it was improperly removed to this court. The removal was ordered by the state court upon the petition of Francis A. White, one of the defendants. The record shows that the plaintiff commenced his suit in the state court, February 2Sth, 1870, demanding, in his petition, of the defendants, five in number, as copartners, 81,000 for work and labor. A summons claiming that amount was served. The defendants separately demurred for misjoinder of causes of action and parties defendant. On the 1st day of April,…
1Opinion of the Court
DILLON, Circuit Judge.
1. The petition for removal was under the act of July 27, 1SG6 (14 Stat. 30G). This enactment copies, in many respects, section 12 of the judiciary act as to the removal of causes into the federal courts, but it makes two important, changes in that section; first, in authorizing, in certain cases, the removal by part of several defendants if some are citizens of the state where suit is brought, and others are aliens or citizens of some other state; second, in extending the time in which the application for the removal may be made, down to the trial or final hearing. But…
2Cases cited1 opinion
- Galpin v. CritchlowMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Ex parte JonesSupreme Court of Alabama · 1880
- Glover v. ShepperdDistrict Court, W.D. Wisconsin · 1883
- Curtin v. DeckerU.S. Circuit Court for the District of Eastern Wisconsin · 1881
- Leutze v. ButterfieldNew York Court of Common Pleas · 1876