Adams v. Puget Sound Traction, Light & Power Co.

Citations

• 207 F. 205
• 1913 U.S. Dist. LEXIS 1310

Syllabus

<p>Removal op Causes (§ 79*)—Time eor Filtnr Petition—‘’Required.”</p> <p>Under Judicial Code, § 29 (Act March 3, 1911. c. 231, 36 Stat. 1095 [U. S. Comí). St. Supp. 1911, p. 112]), providing that one entitled to and desiring to remove a suit from a state court to the federal court may file a petition for removal in the state court any time before defendant is “required” by the laws of the state or the rule of the state court to answer or plead to the complaint, he must file the petition within the 20 days given by the law of the state in which to ’answer, notwithstanding a rule of the state court that a party may respond to any pleading anytime before a default is claimed, and failure to immediately claim a default for defendant’s failure to answer in the 20 days does not enlarge the time to remove.</p> <p>I'Kd. Note.—For other cases, see Removal of Canses, Cent. Dig. §§ 135, 130, 139-160; Dec. Dig. § 79.*]</p>