Howard v. Southern Railway Co.

Citations

• 29 S.E. 778
• 122 N.C. 944
• 1898 N.C. LEXIS 374

Syllabus

<p>Action for Damages — Removal of Cause to Federal' Court — Application for Removal, Time of — Extension of Time by. Consent.</p> <p>1. The Federal Court acquires no jurisdiction oí a case pending in the State Court and sought to be removed to the' former, where the petition and bond for removal are filed in the office of the Clerk of the Superior Court, where the case is pending, during vacation instead of being presented to the Judge of the Court at Term.</p> <p>2. The time for filing an answer expires when it is actually filed, so far as it affects the defendant’s right to apply for a removal of the cause to the Federal Court.</p> <p>3. The requirement of the Removal Act of 1888 that the defendant must file his petition for removal before the time for answering expires, is imperative that it shall be filed when the plea is due, and no order of the Court or stipulation of the parties allowing an extension of time to plead can extend the time for filing the petition.</p> <p>4. The filing of a petition in a State Court for the removal of a cause pending therein to the Federal Court does not ipso facto deprive the former of its jurisdiction or effect a removal of the cause.</p>