Dancel v. Goodyear Shoe Machinery Co.

U.S. Circuit Court for the District of Southern New York

Dancel v. Goodyear Shoe Machinery Co.

106 F. 551, 1900 U.S. App. LEXIS 4766

CourtU.S. Circuit Court for the District of Southern New York

DecidedDecember 31, 1900

StatusPublished

This text of 106 F. 551 (Dancel v. Goodyear Shoe Machinery Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dancel v. Goodyear Shoe Machinery Co., 106 F. 551, 1900 U.S. App. LEXIS 4766 (circtsdny 1900).

Pincite

Opinion

LA.COM BE, Circuit Judge.

Motion to remand is denied. Service of summons without complaint did not set running the time within which, by the laws of the state, defendant is required “to answer or plead to the declaration or complaint of the plaintiff.” Wisely so, because until complaint is served defendant may not be able to determine what cause of action plaintiff asserts, — information which may be important to the decision whether he will or will not remove. Extension of time to answer (after default, when summons had been served] extended time to remove in this circuit, and rigid of removal was never lost.

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LA.COM BE, Circuit Judge.

Motion to remand is denied. Service of summons without complaint did not set running the time within which, by the laws of the state, defendant is required “to answer or plead to the declaration or complaint of the plaintiff.” Wisely so, because until complaint is served defendant may not be able to determine what cause of action plaintiff asserts, — information which may be important to the decision whether he will or will not remove. Extension of time to answer (after default, when summons had been served] extended time to remove in this circuit, and rigid of removal was never lost.

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Bluebook (online)

106 F. 551, 1900 U.S. App. LEXIS 4766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dancel-v-goodyear-shoe-machinery-co-circtsdny-1900.