Miller v. Kent

United States Circuit Court for the Southern District of New York

Decided May 17, 1882.)

United States Circuit Court for the Southern District of New York · decided 1882-05-17

<p>Motion to Remand.</p>

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1882-05-17

How this case has been cited

Cited by 4 later decisions — most recently January 1978

1 federal appellate · 2 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Removal of Cause — Delay in Moving to Remand.

¶2A delay of over a year, in tlio absence of explanation, held fatal to a motion to remand the case, on the ground that the petition for removal was not filed in time.

¶3Motion to Remand.

¶4Linus A. Gould, for plaintiff.

¶5Henry S. Bennett, for defendant.

¶6Wallace, J.

¶7In the absence of any explanation of the delay in moving to remand this action, it should be determined that, by the delay of over a year since the cause was removed to this court, before making this motion to remand, the plaintiff has lost his right to insist that the petition for removal was not filed in time.

¶8Motion denied.