Mairer v. Olmstead

United States Circuit Court for the Southern District of New York

Decided April, 1885.)

United States Circuit Court for the Southern District of New York · decided 1885-04

<p>Removal on Cause — Time op Removal — Repeal op Rev. St. § 639, cl. 2.</p> <p>The second clause of section 639 oí the Revised Statutes was repealed bv the act of 1875.</p>

2 counsel of record

Relies on Hyde v. Ruble

Decided 1885-04

¶1Removal on Cause — Time op Removal — Repeal op Rev. St. § 639, cl. 2.

¶2The second clause of section 639 oí the Revised Statutes was repealed bv the act of 1875.

¶3Motion to Remand.

¶4J. D. McClelland, for plaintiff.

¶5F. W. Angelí, for defendant.

¶6Wheeleb, J.

¶7The removal of this cause from the state court being after a term at which it could have been tried, and therefore too lato *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 St. U. S.) But that clause is held to be repealed by the act of 1875, (Hyde v. Ruble, 104 U. S. 407,) although it had been held otherwise previously, by various state and circuit courts.

¶8Motion to remand granted.