Canal & Claiborne Streets Railroad v. Hart

Citations

• 114 U.S. 654
• 5 S. Ct. 1127
• 29 L. Ed. 226
• 1885 U.S. LEXIS 1806

Syllabus

<p>A suit was commenced in a State court, November 4th, as No. 4,414. A petition by the plain.tiff, to remove it into the Circuit Court of the United States, was filed the next day, entitled in the suit as No. 4,414, signed by his attorneys, not sworn to, referring to the suit as commenced, and asking for a removal under subdivision 8 of § 689 of the Revised Statutes, and stating facts showing a right to a removal not only under that subdivision, but also under § 2 of the act of March 8,1875, 18 Stat. 470, and accompanied by an affidavit, made by the plaintiff eleven days before, stating that “he is the plaintiff” in the suit, as No. 4,414, and giving its title, and the name of the court, and alleging “that he has reason to believe, and does believe, that, from prejudice and local influence, he will not be able to obtain justice in said State court.” The State court ordered the cause to be removed, and the Circuit Court refused, on motion of the.defendant, to remand it: Held,</p> <p>(1.) The affidavit was sufficient for a femoval under subdivision 3 of § 689 ;</p> <p>(2.) The petition made out a case for a removal under the act of 1875 ;</p> <p>(3.) The absence of an oath to the petition was, at most, only an informality, which the defendant waived by not taking the objection on the motion to remand.</p> <p>,H., having obtained a money judgment against the City of New Orleaná, in - the Circuit Court of the United States for the Eastern District of Louisiana, filed in that court a supplemental petition and interrogatories, in accordance, with the second paragraph of Article 246 of the Code of Practice of Louisiana, added by the act of March 80, 1839, against a street railroad corporation, as a debtor to the city, praying that it be cited, as garnishee, and answer the interrogatories, and pay the judgment. The corporation was cited to answer, and did so, to the effect that it owed nothing to the city but some taxes. H. filed a traverse to the answers, in law and in fa