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" State, may remove such suit into the Circuit Court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said Circuit Court that from prejudice or local influence he will not be able to... "
The Federal Reporter: Cases Argued and Determined in the Circuit and ... - Σελίδα 770
1887
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The General Principles of Constitutional Law in the United States of America

Thomas McIntyre Cooley - 1880 - 426 σελίδες
...the latter, be he plaintiff or defendant, on his filing an affidavit that he has reason to believe, and does believe, that from prejudice or local influence...he will not be able to obtain justice in such state court.8 1 Proceedings to appropriate property to public uses under the eminent domain are cases removable...

Cases Argued and Determined in the Circuit Courts of the United ..., Τόμος 3

United States. Circuit Court (5th Circuit), William Burnham Woods - 1880 - 844 σελίδες
...petition, the party makes and files in the state court an affidavit stating that he has reason to believe, and does believe, that from prejudice •or local influence he will not be able to obtain justice in the state c'ourt. The act of 1875 (18 Stat., 470) does not, in express terms, repeal the act of 1807...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 59-60

1894 - 2072 σελίδες
...court; and the language of the act is that, "when it .shall be made to appear to the said circuit court that from prejudice or local influence he will not be able to obtain justice in such slate court," etc. It will be observed that this act does not provide, as did the act of 1867. that,...

Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the ...

Benjamin Robbins Curtis, George Ticknor Curtis - 1880 - 362 σελίδες
...remove the suit. He must, however, whether he be plaintiff or defendant, file an affidavit stating that he has reason to and does believe that, from prejudice or local influences, he will not be able to obtain justice in such State court ; and, on the filing of such...

Reports of Cases in Law and Equity, Determined in the Supreme ..., Τόμος 53

Iowa. Supreme Court - 1881 - 818 σελίδες
...petition, he makes and files in said state court an affidavit, stating that he has reason to believe, and does believe, that, from prejudice or local influence,...justice in such state court." The Act of Congress of March 3, 1875 (which does not repeal the foregoing provision, Barber v. The St. Z., KC & NR Co.,...

Federal Practice: Consisting of the Statutes of the United States Relating ...

William Edward Miller - 1881 - 728 σελίδες
...when .he files an affidavit, etc., " that he has reason to believe, and does believe, that from local prejudice or local influence he will not be able to obtain justice in said court. Nor has such restriction any application to negotiable paper, in which is included the...

Introduction to American Law: Designed as a First Book for Students

Timothy Walker - 1882 - 850 σελίδες
...plaintiff or defendant, if he flies in the State court an affidavit stating that he has reason to believe and does believe that, from prejudice or local influence,...to obtain justice in such State court. The act of March 3, 1875, 18 Stats, at Large, 470, provides that any suit of a civil nature, at law or in equity,...

Cases Argued and Determined in the Circuit and District Courts of ..., Τόμος 9

United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1882 - 612 σελίδες
...making the application is plaintiff or defendant, if an nffidavit stating that he has reason to believe and does believe that from prejudice or local influence...not be able to obtain justice in such State Court, is filed at any time before the trial or final hearing of the suit. It is not controverted that a proper...

Institutes of American Law, Τόμος 2

John Bouvier - 1882 - 812 σελίδες
...defendant, may remove the suit to the circuit court, if he files an affidavit stating that he believes that from prejudice or local influence he will not be able to obtain justice in such state court.1" 2609. The power of the circuit court to issue a mandamus is confined exclusively to cases...

Reports of Cases Argued and Determined in the Circuit and District ..., Τόμος 2

United States. Circuit Court (6th Circuit), William Searcy Flippin - 1882 - 836 σελίδες
...files in the Cooke v. Ford and Arnold. State Court an affidavit stating that he has reason to believe, and does believe that from prejudice or local influence he will not be able to obtain a fair trial in the State Court. In the last case (Act of 1875) the suit may be removed by either party...




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