Fidelity & Casualty Co. v. Hubbard

Citations

• 117 F. 949
• 1902 U.S. App. LEXIS 5155

Syllabus

<p>1. United States Courts—Removal of Cause—Petition—Time for Filing.</p> <p>24 Stat. 554, and 25 Stat. 435, regulating tbe removal of causes from state to federal courts, declares that a person may file the petition to remove in the state court at the time or at any time before the defendant is required by the laws of the state or rules of the state court to answer or plead to the declaration. Code Va. 1887, §§ 3260, 3284, provide that no plea in abatement can be filed after the defendant has demurred, pleaded in bar, or answered to the declaration or bill, nor after a decree nisi or conditional judgment has been entered at rules. Weld, that the removal statute required the petition to be filed at or before the time when the defendant is required to file a pleading of any character, and, where the petition was not filed until after a judgment nisi had been entered at rules for want of an appearance, it was too late.</p>