Home / SCOTUS Brief on behalf of the Plaintiff in Error, U.S. Reports Vol. 118, p. 49 / Passage

Mexican National Construction Co. v. Reusens — SCOTUS Brief (1885)

SCOTUS Brief on behalf of the Plaintiff in Error, U.S. Reports Vol. 118, p. 49 208 words

[Reusens SCOTUS Case (1885)] which provides that after removal “ the cause shall then proceed in the same manner as if it had been originally commenced in said Circnit Court.” [t cannot be seriously contended that the fact that the undertaking was given while the cause was in the State Court, makes any difference, or that because of that fact the Unitéd States Court had any the less control over it ; the proposi- tion implies aecessarily that the removal impairs the undertaking, and cannot therefore be sustained in view of the Act of Congress of March 3d, 1875. (18 U.S. Stat. at L. p. 470,)Section four whereof. provides : Coe “ "That when any suit shall be removed from a State Court to a Cireuit Court of the United States, Ae 8 RE we I Bie POS DN 6 BS AO COLE AMEE ID AAEM A RETR i AB 9 at “ A ra eo thatn rs 9 any attachment * * * of the goods or estate t of the defendant had in such suit in the State [ Court shall hold the goods or estate so attached € * * #* * toanswer the final judgment or decree , in the same manner as by.