Craddock v. Fulton

Citations

• 140 F. 426
• 1905 U.S. App. LEXIS 4802

Syllabus

<p>Removal oe Causes — Suit to Enforce Statutory Remedy — Foreign Attachment Under West Virginia Statute.</p> <p>Code W. Va. 1899, c. 106, provides that one having a simple contract debt or claim for unliquidated damages against a nonresident of the state may bring an action at -law thereon supported by attachment, or may at his election sue out an attachment on the ground of nonresidence and bring a suit in equity to establish his claim and enforce the lien of the attachment; that in such ease he shall have a lien from the date of the attachment levied; and that the ground for suing out the attachment may be contested by plea filed, and the issue thereon shall be tried by a jury, unless waived. Held, that such a suit was one to enforce a lien previously acquired by legal proceedings, and therefore within the jurisdiction of a federal court of equity, and was removable by defendant on the ground of diversity of citizenship, where the requisite facts appear.</p>