United States Supreme Court Cases & Opinions

U.S. Supreme Court

Manning v. Amy, 140 U.S. 137 (1891)

Manning v. Amy

No. 303

Argued April 14, 1891

Decided Lay 11, 1891

140 U.S. 137

ERROR TO THE SUPERIOR COURT OF THE STATE

OF MASSACHUSETTS, HOLDEN AT BOSTON

Syllabus

The defendant in an action in a state court after moving to dismiss the action, and after pleading in abatement answered, December 29, 1884, the last day of the term at which the writ was returnable, and moved to remove the case to the federal court for the district "in case said motion should not be allowed and in case said plea should not be sustained." No steps being taken on the motion for removal, the case came on for trial in the state court at January term, 1886, the motion being then pressed, the court ruled that it was too late, and proceeded to trial, and gave judgment against the defendant. Held

(1) that the conditional application for removal in December, 1884, was not a valid application for removal as contemplated by the statute; (2) that the application made at the trial term in 1886 was made too late.