Bryce v. Southern Ry. Co.

Citations

• 129 F. 966
• 1904 U.S. App. LEXIS 4785

Syllabus

<p>1. Federal Courts — Removal oe Causes — Undetermined Motions.</p> <p>Where, at the time a petition for the removal of a cause was filed, a motion to make the complaint more definite and certain was pending and undetermined in the state court, such motion was transferred to the federal court with the record, to be there determined.</p> <p>2. Same — Time for Answering — Extension.</p> <p>The removal of a cause to the federal court did not extend the time for answering the complaint.</p> <p>3. Same — Determination.</p> <p>The time for answering a complaint in a case removed to the federal courts from a state court is fixed by ascertaining the number of days which had elapsed between the service of the complaint in the state court and the date of the removal, suspending the time between such removal and the date the record reaches the federal court, which then begins to run from the day of the entry in such court, and, as provided by the circuit court rules (Fourth Circuit), the defendant will be in time if he serves his answer on a rule day within 20 days thereafter.</p> <p>4. Same — Motion to Remand — Extension of Time.</p> <p>Where, after the removal of a cause to the federal court, a motion to remand is made, such motion extends the time to answer until the rule day next succeeding the determination thereof.</p> <p>5. Same — Failure to Answer — Default—Judgment—Vacation—Terms.</p> <p>Where, after the removal of a cause to the federal court, a motion to remand was made, which was determined before the hearing of a motion to make the complaint more definite and certain, which had been filed in the state court and removed with the record, and by reason of the pendency of such motion undetermined defendant filed no answer within the</p> <p>H 2. See Removal of Causes, vol. 42, Cent. Dig. § 249. time required, and judgment was taken by default, such judgment will be set aside on terms, under Code S. C. § 195, providing that tbe court in its discretion, and on such term