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" That if a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state... "
The American Law Times Reports - Page 391
1874
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San Francisco Law Journal, Volume 1

Law - 1878 - 442 pages
...the citizenship of the parties when the suit is begun, for the language is, " if a suit be commenced by a citizen of the State in which the suit is brought against a citizen of another State, the defendant may, when he enters his appearance, petition for its removal." The phraseology employed...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 5; Volume 95

United States. Supreme Court - Law reports, digests, etc - 1878 - 858 pages
...determination of this case, reads as follows : — " If a suit be commenced in any State court ... by a citizen of the State in which the suit is brought against a citizen of another State, . . . and the defendant shall, at the time of entering his appearance in such State court, file a petition...
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Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1878 - 1044 pages
...authorize a Pilcher & ais. removal under the act of July 27, 1866. The last named act applies to a suit by a citizen of the state, in which the suit is brought against defendants, some one or more of whom are residents of the said state, and the other non-residents;...
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Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the ...

Benjamin Robbins Curtis, George Ticknor Curtis - Courts - 1880 - 362 pages
...this subject was .by the twelfth section of this same Judiciary Act : " If a suit be commenced in any State court against an alien, or by a citizen of the...suit is brought against a citizen of another State, and the matter in dispute exceeds the aforesaid sum or value of five hundred dollars, exclusive of...
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Cases Argued and Determined in the Circuit Courts of the United ..., Volume 3

United States. Circuit Court (5th Circuit), William Burnham Woods - Law reports, digests, etc - 1880 - 844 pages
...based on the peculiar language of this section, " that if a suit be commenced in any state court, * * by a citizen of the state in which the suit is brought, against a citizen of another state," and the matter in dispute exceeds the aforesaid sum, •or value of five hundred dollars, etc., the...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 103

United States. Supreme Court - Courts - 1881 - 948 pages
...no bearing upon the present question) provides that — " If in any suit ... in any State court ... by a citizen of the State in which the suit is brought against the citizen of another State, ... a citizen of the State in which the suit is brought is or shall be...
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Reports of Cases Argued and Determined in the Circuit and District ..., Volume 2

United States. Circuit Court (6th Circuit), William Searcy Flippin - District courts - 1882 - 836 pages
...difference between them. The act of 1789 proRawle v. Phelps. vided that "if 'a suit be commenced * * * by a citizen of the State in which the suit is brought, against a citizen of another State * * * and the defendant shall, at the time of entering his appearance in such State Court, file a petition,...
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The Supreme Court Reporter, Volumes 1-2

Law reports, digests, etc - 1883 - 1674 pages
...first subdivision, provided for a removal by the defendant, where the suit is against an alien, or is by a citizen of the state in which the suit is brought against a citizen of another state. The petition for removal was to be filed by the defendant at the time of entering his appearance in...
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The Southern Law Review, Volume 2

Law - 1876 - 870 pages
...defendant, (under limitations therein mentioned,) where the suit is commenced in the State court " by a citizen of the state in which the suit is brought, against a citizen of another state." That is, if the suit is by a resident plaintiff, the non-resident defendant may have it removed ; but...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 157

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1895 - 766 pages
...the 12th section of the judiciary act of 1789 it was provided : " That if a suit be commenced in any state court against an alien, or by a citizen of the...suit is brought against a citizen of another State, . . . and the defendant shall, at the time of entering his appearance in such state court, file a petition...
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