Yuba City Box Co. v. Liverpool & London & Globe Ins.

The question presented to the court on motions to remand in these cases is whether or not the petition for removal was filed “at the time, or any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead.” Section 29, Judicial Code, 36 Stats. 1095, 28 USCA § 72. It was filed within an extension of time by stipulation of plaintiff “to demur, answer or otherwise plead.”

Because defendant attacks the general statement in La Flower v. Merrill (D. C.) 28 F.(2d) 784 , at page 785, and the cited supporting decision of Williams v. Wilson Fruit Co. (D. C.) 222 F. 467 , as dictum and not establishing any rule in California, in the first because remand was granted on other grounds, the second because made by a then District Judge in an Idaho district, and because defendant urges that the rule in California which ought to be followed is established in Citizens’ Trust & Savings Bank v. Hobbs, 253 F. 479 (D. C. S. D. Cal. 1918, Trippet) with Tevis v. Palatine Insurance Co., 149 F. 560 (C. C. N. D. Cal. 1906, Wolverton), I consider it advisable to make a general statement of what I consider the correct…