Petrie v. Pennsylvania R.

S.D. New York

Petrie v. Pennsylvania R.

19 F. Cas. 384

District Court, S.D. New York·Decided July 1, 1871·Published

Opinion

NIXON, District Judge,

said no advice or order is necessary; the case will go on if properly removed. He remarked upon the general inattention of counsel to the provisions of the act of 1875. [IS Stat. 470.] This act, he said, goes to the full length. Since that act the orderly way is to find out whether a cause is removable; file the papers and go on, leaving the other party to apply to remand. The case comes itself — no order is necessary. If the state judge feels that it is not removable he goes on; but an application may be made to the federal court and then, if the cause is removable, it will be removed.

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NIXON, District Judge,

said no advice or order is necessary; the case will go on if properly removed. He remarked upon the general inattention of counsel to the provisions of the act of 1875. [IS Stat. 470.] This act, he said, goes to the full length. Since that act the orderly way is to find out whether a cause is removable; file the papers and go on, leaving the other party to apply to remand. The case comes itself — no order is necessary. If the state judge feels that it is not removable he goes on; but an application may be made to the federal court and then, if the cause is removable, it will be removed.

Petrie v. Pennsylvania R., 19 F. Cas. 384 (S.D.N.Y. 1871).

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