Mairer v. Olmstead

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

Mairer v. Olmstead

24 F. 193

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

DecidedApril 15, 1885

StatusPublished

This text of 24 F. 193 (Mairer v. Olmstead) 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

Mairer v. Olmstead, 24 F. 193 (circtsdny 1885).

Pincite

Opinion

Wheeleb, J.

The removal of this cause from the state court being after a term at which it could have been tried, and therefore too lato [194]*194under the act of 187S, is sought to be sustained by the act of 1866, (subdivision 2 of section 639, Rev. St. U. S.) But that clause is held to be repealed by the act of 1875, (Hyde v. Ruble, 104 U. S. 407,) although it had been held otherwise previously, by various state and circuit courts.

Motion to remand granted.

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Wheeleb, J.

The removal of this cause from the state court being after a term at which it could have been tried, and therefore too lato [194]*194under the act of 187S, is sought to be sustained by the act of 1866, (subdivision 2 of section 639, Rev. St. U. S.) But that clause is held to be repealed by the act of 1875, (Hyde v. Ruble, 104 U. S. 407,) although it had been held otherwise previously, by various state and circuit courts.

Motion to remand granted.

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Bluebook (online)

24 F. 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mairer-v-olmstead-circtsdny-1885.

Opinion

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