 | Georgia. Supreme Court - Equity - 1883 - 926 pages
...defendant, if he shall make and file an affidavit in such state court that he has reason to believe, and does believe, that from prejudice or local influence,...be able to obtain justice in such state court, may have the cause removed to the circuit court of the United States." In 60 Ga., 423, under a very similar... | |
 | United States. Supreme Court - Law reports, digests, etc - 1876 - 696 pages
...before or at the time of filing said petition he makes and files in said State court an affidavit, stating that he has reason to and does believe that,...not be able to obtain justice in such State court. To effect a removal in any of the cases the petitioner must, at the time of filing his petition in... | |
 | United States. Supreme Court - Law reports, digests, etc - 1874 - 726 pages
...Peters, 449 ; 1 Curtis 's Commentaries \ 73, p. 85 ; Webster's Dictionary, " Suit." Opinion of the court. before the final hearing or trial of the suit, file a petition for the removal of the cause.* Real parties only are empowered to claim that right under either act,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1875 - 732 pages
...also properly refused for another reason. The act authorizes the petition for removal to be filed " at any time before the final hearing or trial of the suit." The hearing or trial, here referred to, is the examination of the facts in issue. Hearing applies to... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1876 - 886 pages
...petion, he makes and files in said State court an affidavit, stating that he has reason to believe and does believe that from, prejudice or local influence,...not be able to obtain justice in such State court." Eev. Stat. of US, 639. It is not denied that if the Ore Knob Company was the sole defendant, it would... | |
 | Law - 1869 - 820 pages
...and a citizen of another state, shall be entitled to a removal, on making the proper application, " at any time before the final hearing or trial of the suit." The question arises upon this language : Was the application here made " before the final hearing or... | |
 | Law - 1873 - 462 pages
...of a case from a State court to the United States circuit court, requires a statement by the party that he has reason to, and does, believe that from...influence he will not be able to obtain justice in the State court ; but it does not require any showing of the existence of such prejudice or local influence,... | |
 | United States. Circuit Courts, Benjamin Vaughan Abbott - Law reports, digests, etc - 1870 - 670 pages
...defendant, if he will make and file in such State court an affidavit, stating that he has reason to believe and does believe that from prejudice or local influence...not be able to obtain justice in such State court," he may have the cause removed to the circuit court of the United States. It will be seen that as to... | |
 | Abraham Lansing - Law reports, digests, etc - 1870 - 590 pages
...he will make and file in such Cooke «. The State National Bank of Boston. State court an affidavit stating that he has reason to and does believe, that from prejudice or local influence, he will not bo able to obtain justice in such State court, may at any time tile a petition, &c.;" and on complying... | |
 | Law - 1886 - 546 pages
...act, the petition for removal, accompanied with an affidavit that the petitioner has reason to believe and does believe, that from prejudice or local influence, he will not be able to obtain justice in the State court, may be filed at any time before the final hearing or trial of the cause, unless the... | |
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State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to... 
