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" ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending... "
San Francisco Law Journal - Side 233
1878 - 423 sider
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volum 110

Massachusetts. Supreme Judicial Court - 1874 - 632 sider
...such case the suit, "as against him," may be removed :nto the Circuit Court ; and it is declared to be the duty of the state court to " proceed no further in the cause as against the defendant so applying for its removal ; " but such removal " shall not be deemed to...
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Cases Argued and Determined in the Circuit and District Courts of ..., Volum 3

United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1874 - 590 sider
...the various acts of Congress is whenever the contingencies have occurred provided therein it shall be the duty of the state court to proceed no further in the cause, and it has been held that all acts subsequently done by the state court are simply void, and that the...
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The American Law Times Reports, Volum 1

1874 - 778 sider
...for the removal of the suit into the next circuit court to be held in the district, and that it shall be the duty of the state court to proceed no further in the suit. Ib. 14. RIGHT OF REMOVAL FROM STATE COURTS EXTENDS TO NON-RESIDKST PLAINTIFF AS WELL AS TO NON-RESIDENT...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volum 20

United States. Supreme Court - 1875 - 750 sider
...another State, . . . and th« defendant shall at the time of enterArgument in favor of the statute. ing his appearance in such State court, file a petition...of the cause for trial into the next Circuit Court to be held in the district where the suit is pending . . . and offer good and sufficient surety for...
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The American Law Times Reports, Volum 2

1875 - 788 sider
...the matter in dispute exceeds $500, and the defendant at the time of entering his appearance shall file a petition for the removal of the cause for trial into the next circuit court of the United States, and shall offer good bail for his proceedings therein, " it shall be the duty...
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Reports of Cases Ruled and Adjudged in the Several Courts of the ..., Volum 92

Alexander James Dallas - 1876 - 856 sider
...State " [and certain conditions and security specified in the act be performed and tendered], "it shall be the duty of the State court to ... proceed no further in the cause, . . . which shall then proceed in the United States Court in the same manner as if it had been brought...
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Albany Law Journal, Volum 16

1877 - 510 sider
...a citizen of the State in which the suit is brought against a citizen of another State, * * and the defendant shall, at the time of entering his appearance...* *" Clearly this has reference to the citizenship ol the parties when the suit is begun, for the language is, "if a suit be commenced by a citizen of...
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The Southern Law Review, Volum 3

1877 - 1004 sider
...said circuit court, etc." The corresponding provision of the act of 1789 enacts that the applicant "shall, at the time of entering his appearance in...of the cause for trial into the next circuit court to be held in the district where the suit is pending, and offer good and sufficient surety for his...
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The Southern Law Review: And Chart of the Southern Law and ..., Volum 3

1877 - 980 sider
...said circuit court, etc." The corresponding provision of the act of 1789 enacts that the applicant "shall, at the time of entering his appearance in...of the cause for trial into the next circuit court to be held in the district where the suit is pending, and offer good and sufficient surety for his...
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Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the ...

Benjamin Robbins Curtis, George Ticknor Curtis - 1880 - 362 sider
...indispensable, see Horn v. Zockhart, 17 Wallace, 570 ; Hotel Company v. Wade, 7 Otto, 13.] and the defendant shall, at the time of entering his appearance...of the cause for trial into the next Circuit Court, to be held in the district where the suit is pending," &c. According to this statute, you will notice...
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