Hill v. Hoyt

CONNOR, District Judge.

This matter came on for hearing on the plaintiff’s motion to remand on the ground that the petition for removal had not been filed within the time fixed by the statute. It is conceded that the petition was not filed within the first four days of the term and that Rule 23 of the Superior Court requires that a plea in abatement must be filed within that period.

The removal statute- (28 U.S.C.A. § 72) provides that the petition for removal may be filed in the state court “at the time, or any time before the defendant is required by the laws of the State or the rule of the…