257

BADGER v. MULVILLE.

Circuit Court, S. D. New York.

November 17, 1884.

REMOVAL OF CAUSE—TIME OF APPLICATION.

A cause cannot be removed from a state court after the term at which it stood for trial, although the exigencies of the business of the court at that term were such that it could not be reached.

Motion to Remand Cause.

Wm. W. Badyer, in person.

G. A. Siexas, for Mulville.

WHEELER, J. This cause stood for trial at the September term of the city court. It was not removable at a subsequent term, although the exigencies of the business of the court at that term were such that it could not be reached. The motion to remand is granted, with costs.

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