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9 F. 678

Berrian v. Chetwood

United States Circuit Court for the Northern District of New York · decided 1881-12-14

<p>1. Removal op Cause after Default in Pleading.</p> <p>Where the petition for removal was presented after defendant’s time to answer had expired, and he was in default, held, that there was no controversy between him and plaintiff, within the meaning; of the statute, so as to make a case for removal.</p>

Cited by 2 later decisions (1 by the Supreme Court) — most recently May 1883

Good law ✅— No negative treatment on recordhow we know

Decided 1881-12-14

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¶11. Removal op Cause after Default in Pleading.

¶2Where the petition for removal was presented after defendant’s time to answer had expired, and he was in default, held, that there was no controversy between him and plaintiff, within the meaning; of the statute, so as to make a case for removal.

¶3Motion to Remand.

¶5Blatchford, C. J.

¶6Even conceding that there were proper written extensions of time to answer till November 1st, nothing that then or before or afterwards occurred in oral conversation between the attorneys amounted to a consent by the plaintiff’s attorney to extend the time to answer beyond November 1st. Bo, on November 3d, when the petition for removal was presented and the bond approved, the defendant’s time to answer had expired, he was in default, and there was no controversy between him and the plaintiff, within the meaning of the statute, so as to make a case for removal.

¶7The motion to remand the cause is granted, with costs.

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