Guarantee Co. of North Dakota v. Hanway

Citations

• 104 F. 369
• 44 C.C.A. 312
• 1900 U.S. App. LEXIS 3922

Syllabus

<p>1. Federal Courts — .Tunisdiction--Removal of Causes.</p> <p>An action by or against an agent of the shareholders of a national hank, chosen by them in pursuance of “An act authorizing the appointment of receivers of national banks and for other purposes,” approved June 30, 1876, and its amendments (19 Stat. 63, c. 156; 27 Stat. 345, c. 360; 29 Stat. 600, c. 354), is a suit arising under the laws of the United States, of which a federal court has jurisdiction, under sections 1 and 2 of the Acts of 1887-88 (25 Stat. 434). .</p> <p>2. Same — Removal of Causes.</p> <p>Such an action is also a case for winding up the affairs of a national bank, and is by or against an officer thereof, and hence cognizable by a federal court, under the last clause of section 4 of the Acts of 1887-88 (25 Stat. 436).</p> <p>8. Same — Removal of Causes.</p> <p>For the reasons above stated, an action by or against an agent of the shareholders of a national bank is removable from a state to a federal court.</p> <p>4. Removal of Causes — Time.</p> <p>Where a case is not removable when the time for its removal prescribed in the acts of congress expires, but subsequently becomes removable by amendment or otherwise, the filing of a petition and bond for removal within a reasonable time thereafter entitles the petitioner to a transfer of the case to the federal court.</p> <p>5. Same — Waiver.</p> <p>One may waive objections to the time and manner of removal of a suit from a state to a federal court by silently proceeding to trial upon the merits, because matters of time and method are formal and modal, and not essential to the right of removal.</p> <p>6. Action Arising Under Laws of the United States — Test.</p> <p>The nature of the action, and not the character of the defense to it, constitutes the test to determine whether it arises under the laws of the United States. If the determination of the claim made in the action invokes a consideration of those laws, and the effect of the acts or omi