The Federal Courts; Their Organization, Jurisdiction and Procedure. Lectures Before the Richmond Law School, Richmond College, Virginia

The Federal Courts; Their Organization, Jurisdiction and Procedure. Lectures Before the Richmond Law School, Richmond College, Virginia

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...class of civil cases which can be removed from the State court to the Circuit Court of the United States. If the action in the State court be between citizens of that State and the title to land is concerned, one or more of the parties plaintiff or defendant, at any time before the trial, may state to the court on oath, if the court require it, that they claim and shall rely for title under a grant from aState. They must produce the original grant or an exemplification of it' except where a loss of public records puts it out of their power and then they can prove it by secondary evidence apparently. Thereupon they can move the court that the other party in form the court, whether they do not claim under grant from another State. The other party must give this information or be debarred the right of pleading such grant or giving it in evidence. If the reply is that they rely on such grant, then the other party on petition and bond as above, may remove the cause for trial into the United States Court. 25 Statutes at Large, 433.. There is still another class of civil cases which can be removed. If there be a suit or controversy between citizens of different States in a State court and the defendant can make it to appear by a full statement of facts, to the satisfaction of the United States Circuit Court, that from prejudice or local influence he will not be able to obtain justice in that State court or in any other State court to which he could remove his cause, he can file his petition in the United States Circuit Court, stating all these facts fully and giving a proper bond therewith, whereupon, if the court think it a fit case for removal, it will sign an order to that effect which order must be filed in the State court, and...show more

Product details

  • Paperback | 38 pages
  • 189 x 246 x 2mm | 86g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236799607
  • 9781236799609