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Removal of Causes From State Courts to Federal Courts, With Forms Adapted to the Several Acts of Congress on the Subject
Removal of Causes From State Courts to Federal Courts With Forms Adapted to the Several Acts of Congress on the Subject Author:John Forrest Dillon General Books publication date: 2009 Original publication date: 1889 Original Publisher: Central law journal company Subjects: Removal of causes Law / General Law / Civil Procedure Law / Courts Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy ... more »the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: CHAPTER XVII. PARTY ENTITLED TO A REMOVAL CITIZENSHIP CORPORATIONS ALIENS. § 97. Under the 12th Section of the Judiciary Act, omitting the case of aliens, the right of removal is limited, as we have shown, to the non-resident defendant, when sued by a resident plaintiff. Under the Act of 1866 it is limited, as we have seen, under the restrictions therein imposed, to the non-resident defendant, and it is not given either to the resident defendant or to the resident plaintiff. Under the Act of 1867 the right is given, as above shown, under the enumerated conditions, to the plaintiff or defendant; but in either case it is only the non-resident citizen who can remove the case. Under the Act of 1887 the right is denied in all cases to the plaintiff and confined exclusively to the defendant; and -- except in the single case of a controversy involving a Federal question, where that, and not citizenship, is the ground of removability, -- it is restricted to the defendant "being such citizen of another State," that is, to a non-resident defendant.1 " Under the new act, the plaintiff, having chosen his forum, no matter where, must remain in that forum, and he can not remove at all. But any defendant sued, not in n court of his own State, 1 Weller v. Pace Tobacco Co., 32 Fed. Rep. 860; Vinal v. Continental Co., 34 Id. 228; Swayne v. Boylslori Ins. Co., 35 I'l. 1. but in the State court of the plaintiff, may always remove, by compliance with the procedure devised for that purpose. If...« less