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CANAL & CLAIBORNE STREETS R. CO. V. HART, 114 U. S. 654 (1885)

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U.S. Supreme Court

Canal & Claiborne Streets R. Co. v. Hart, 114 U.S. 654 (1885)

Canal and Claiborne Streets Railroad Company v. Hart

Argued April 24, 1885

Decided May 4, 1885

114 U.S. 654

Syllabus

A suit was commenced in a state court, November 4, as No. 4,414. A petition by the plaintiff to remove it into the circuit court of the United States was filed the neat day, entitled in the suit as No. 4,414, signed by his attorneys, not sworn to, referring to the suit as commenced, and asking for a removal under subdivision 3 of § 639 of the Revised Statutes, and stating facts showings right to a removal not only under that subdivision, but also under § 2 of the Act of March 3, 1875, 18 Stat. 470, and accompanied by an affidavit, made by the plaintiff eleven days before, stating that "he is the plaintiff" in the suit, as No. 4,414, and giving its title, and the name of the court, and alleging "that he has reason to believe, and does believe, that, from prejudice and local influence, he will not be able to obtain justice in said state court." The state court ordered the cause to be removed, and the circuit court refused, on motion of the defendant, to remand it:

Held:

(1) The affidavit was sufficient for a removal under subdivision 3 of § 639.

(2) The petition made out a case for a removal under the act of 1875.

(3) The absence of an oath to the petition was at most only an informality, which the defendant waived by not taking the objection on the motion to remand.

H, having obtained a money judgment against the City of New Orleans in the Circuit Court of the United States for the Eastern District of Louisiana, filed in that court a supplemental petition and interrogatories, in accordance with the second paragraph of Article 246 of the Code of Practice of Louisiana, added by the Act of March 30, 1839, against a street railroad corporation, as a debtor to the city, praying that it be cited as garnishee and answer the interrogatories and pay the judgment. The corporation was cited to answer, and did so, to the effect that it owed nothing to the city but some taxes. A filed a traverse to the answers in law and in fact, and it was tried before a jury, which found a verdict for the plaintiff for a sum of money, on which judgment was rendered. Before it was signed, the corporation moved to expunge it and to arrest it for specified reasons. The motion was overruled, a bill of exceptions was taken thereto, and judgment was signed. No bill of exceptions was taken in regard to the trial. Held that the motion in arrest had no more effect than a motion for a new trial, and could not be reviewed on a writ of error.

The garnishment proceedings were warranted by § 916 of the Revised Statutes, being authorized by laws of Louisiana in force when § 916 (formerly § 6 of the act of June 1, 1872, c. 255, 17 Stat. 197) was enacted. chanroblesvirtualawlibrary

Page 114 U. S. 655

The remedies supplementary to judgment adopted by § 918 were those then provided by the laws of Louisiana in regard to judgments in suits of a like nature or class, and not the provisions of the Act of the Legislature of Louisiana, passed March 17, 1870, Sess.Laws of 1870, Extra Session, Act No. 5, p. 10, in regard to judgments against the City of New Orleans.

Questions not raised on the trial before the jury, and saved by a bill of exceptions, cannot be considered by this Court on a writ of error.

The facts which make the case are stated in the opinion of the Court.





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