Hodson v. Lake Shore & M. R. Co.

U.S. Circuit Court for the District of Northern Ohio

Hodson v. Lake Shore & M. R. Co.

12 F. Cas. 287, 12 Reporter, 41, 1881 U.S. App. LEXIS 2674

U.S. Circuit Court for the District of Northern Ohio·Decided June 13, 1881·Published

Opinion

WELKER, District Judge.

Though there are no decisions in the federal courts directly upon this point, yet many cases are to be found in the reports where the removals were had before any answer on the part of the defendants had been made; and the failure of the several judges to notice such a defect is equivalent to an opinion that it is not fatal to the removal and subsequent jurisdiction of the court. Motion overruled.

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WELKER, District Judge.

Though there are no decisions in the federal courts directly upon this point, yet many cases are to be found in the reports where the removals were had before any answer on the part of the defendants had been made; and the failure of the several judges to notice such a defect is equivalent to an opinion that it is not fatal to the removal and subsequent jurisdiction of the court. Motion overruled.

Hodson v. Lake Shore & M. R. Co., 12 F. Cas. 287, 12 Reporter, 41, 1881 U.S. App. LEXIS 2674 (circtndoh 1881).

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