Bonner v. Meikle

No. 633
Decided Circuit Court, D. Nevada
Disposition
granted
full scope · unanimous
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Court
District court of Nevada
Decided
Judge
HAWLEY, District Judge
Posture
Suit pending in state court; defendant petitioned for removal to federal court
Defendant (1)
J. R. De Lemar (petitioner)
Robert M. Clarke, for defendants
v.
Plaintiff (1)
Bonner (plaintiff)
George S. Sawyer, for plaintiffs
Other parties: Meikle et al. — Defendants

Overview

The court orders the cause removed to the federal circuit court, finding petitioner has made out a case satisfying the removal statute's requirements regarding prejudice and local influence.

Case summary

This case involves a removal petition from state to federal court. Plaintiff Bonner, representing Nevada residents occupying land in the Town of Lamar, sued defendants including J.R. De Lemar over ownership of land claimed through the Naid Queen mining claim. De Lemar, a New York resident, sought removal to federal circuit court under the act of 1887-88, alleging prejudice and local influence in Nevada courts. The state court denied removal. De Lemar then filed an original petition in federal court. The federal court granted removal, holding that: (1) removal petitions based on prejudice must be made to federal court; (2) notice to opposite party is better practice but discretionary; (3) under the 1887-88 act, a defendant from another state may remove even if co-defendants are state citizens; and (4) verification by attorney with knowledge is sufficient. The court found the petition adequately showed prejudice and complied with statutory requirements.

Abstract

Plaintiff sued defendants over ownership of land claimed through a mining claim. A non-resident defendant petitioned to remove the case from state to federal court under the removal statute, alleging prejudice and local influence in state courts, after the state court denied removal. The federal court granted removal, holding the petition sufficiently showed prejudice, complied with statutory requirements including proper verification, and allowed removal despite co-defendants being state citizens.

Opinion of the court

Majority
opinion
HAWLEY, District Judge
  • Removal petition must be to federal court
  • Notice practice discretionary but preferred
  • Citizenship requirements liberalized under 1887-88 act
  • Verification by attorney sufficient
  • Prejudice adequately shown

Jurisdiction

challenged
Statutory basis
Act of 1887-88 (removal statute)
Subject matter
Removal from state to federal court based on prejudice or local influence
Jurisdictional holding
Court has jurisdiction to hear removal petition; removal granted
Jurisdictional facts
  • Petitioner is a resident of New York, plaintiffs are citizens of Nevada
  • Amount in dispute exceeds $2,000

Procedural posture

Posture at trial
Suit pending in state court; defendant petitioned for removal to federal court
Posture on appeal
Original petition for removal filed in federal court after state court declined removal
Preserved issues
  • Right to remove based on prejudice/local influence
  • Sufficiency of petition verification
  • Necessity of all defendants being from another state

Legal categories

BusinessArbitration & Mediation

Case record

Full case name
BONNER v. MEIKLE et al.
Docket number
No. 633
Court
Circuit Court, D. Nevada
Trial court
District court of Nevada
Trial court judge
Not specified
Decided
Opinion author
HAWLEY, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
HAWLEY, District Judge

Issues & holdings

4
Issues raised
4
affirmed
4
Holdings
Standard of review

de novo

Disposition rationale

Statute requires petition to be made to circuit court

Preservation

Issue preserved for review

Standard of review

abuse of discretion

Disposition rationale

Better practice is to give notice and allow counter affidavits, but court has discretion

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Act does not require all defendants to be from another state; any defendant with requisite citizenship may remove

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Act does not require personal verification; affidavit by attorney with knowledge is sufficient

Preservation

Issue preserved for review

Holdings of the court

Venue for removal petition
Petition for removal on ground of prejudice/local influence must be made to federal court
Act of 1887-88 provides removal when 'made to appear to said circuit court'
unanimousbinding precedent
Procedure for removal applications
Better practice is to give notice to opposite party and allow counter affidavits, but court has discretion
Authorities divided; court prefers notice to enable informed decision and avoid piecemeal hearings
unanimousbinding precedent
Citizenship requirements for removal
Under act of 1887-88, defendant from another state may remove even if co-defendants are state citizens
Act changed prior law; now only requiring defendant seeking removal to have requisite citizenship
unanimousbinding precedent
Verification of petition
Petition need not be verified by petitioner personally; affidavit by attorney with knowledge suffices
Act of 1887-88 does not specify who must verify; prior act requirement distinguished
unanimousbinding precedent

Error analysis

  • State court erred in denying removal and not deciding prejudice issue — procedural · no error foundNot applicable as federal court reviews de novo · not applicable

Statutory interpretation

3
Statute
Act of 1887-88 (removal statute)
Question
Whether petition must be made to federal court
Court's reading
Yes, statute requires it be 'made to appear to said circuit court'
Canons applied
plain meaning
Statute
Act of 1887-88
Question
Citizenship requirements for removal
Court's reading
Defendant from another state may remove even if co-defendants are state citizens
Canons applied
plain meaningcomparison with prior act
Statute
Act of 1887-88
Question
Verification requirements
Court's reading
No requirement for personal verification; affidavit by knowledgeable person suffices
Canons applied
plain meaningdistinction from prior act

Burden of proof

Prosecution burden
Petitioner must show prejudice/local influence to satisfaction of court
Burden met
true

Standards of review

  • Statutory interpretation of removal requirements — de novo Court reviews legal questions of statute interpretation de novo
  • Practice and procedure for removal applications — abuse of discretion Court defers to trial court's discretion on procedural matters

Timeline

5
Events
1,711
Days, incident to ruling
—
Span
factual eventcited in opinion

Plaintiff and others begin continuous possession of land in Town of Lamar

Establishes possession claim for plaintiff's case

Plaintiff Bonner · Other town residents Town of Lamar, Lincoln County, Nevada
procedural eventcited in opinion

Defendants apply for patent to Naid Queen mining claim; plaintiff files protest in land office

Triggers underlying dispute over land ownership

Defendants · Plaintiff Bonner United States land office, Carson City, Nevada
filingcited in opinion

Plaintiff files suit in Nevada state court against defendants

Outcome: Suit pending

Initiates legal proceedings

Plaintiff Bonner · Defendants trial court
motioncited in opinion

Defendant De Lemar petitions state court for removal to federal court on federal question and prejudice grounds

Outcome: Denied; state court found no federal question and declined to decide prejudice issue

State court refuses removal, leading to federal court petition

Defendant De Lemar · State court judge trial court
rulingcited in opinion

Federal court grants removal petition, ordering cause removed to federal court

Outcome: Removal granted

Final disposition allowing case to proceed in federal court

HAWLEY, District Judge appellate court

Facts & evidence

Incident

Location
Town of Lamar, Lincoln County, Nevada (on public domain land)

Key facts

6 facts
  1. Plaintiff Bonner and others occupy town on unsurveyed nonmineral public land
  2. Defendants claim land through Naid Queen mining claim location
  3. Defendants applied for patent; plaintiff filed protest
  4. Plaintiff alleges mining claim is nonmineral and not patentable
  5. Town residents hold mass meetings, raise funds for plaintiff's case, express prejudice against defendants
  6. Petitioner De Lemar is New York resident; plaintiffs are Nevada citizens

Disputed questions

  • Whether Naid Queen claim is mineral or nonmineral
  • Existence and extent of prejudice/local influence against defendants

Procedural history

4 steps
  1. Suit filed in Nevada state court
  2. Defendant petitioned state court for removal to federal court on federal question and prejudice grounds
  3. State court denied removal, holding no federal question and declining to decide prejudice issue
  4. Defendant filed original removal petition in federal court

Evidence in the record

Direct
  • Affidavit of H.A. Cohen verifying petition
  • Petition detailing mass meetings, fundraising, and public statements against defendants
Testimonial
  • Affidavit of H.A. Cohen regarding local prejudice
Documentary
  • Petition for removal
  • State court order denying removal
  • Complaint in state court
Circumstantial
  • Allegations of widespread discussion and prejudice in Lincoln County and adjoining counties
Challenged
  • Evidence type: Affidavit of H.A. Cohen · Challenge basis: Sufficiency and truth of facts regarding prejudice · Trial court ruling: admitted · Reasoning: Court found allegations clear and positive, complying with law · Challenged on appeal: true · Appellate outcome: affirmed

Objects of relevance

Naid Queen mining claimTown buildings and improvements in Lamar

Policy considerations

  • Promotion of fair trials free from local prejudice
  • Efficiency in judicial proceedings through single hearings

Authorities

Cited authorities (4)

137 U.S. 457
followedquotedprecedent
Cited for proposition that amount and manner of proof in removal cases is discretionary
at 137 U.S. 457 that 'the amount and manner of proof required in each case must be left to the discretion of the court itself'
46 Fed. 529
followedquotedprecedent
Walcott v. Watson cited on how prejudice may be made to appear in removal cases
at 46 Fed. 529, 531 reviewing question of proof for removal
117 U.S. 272
distinguishedprecedent
Jefferson v. Driver cited for prior law requiring all parties on one side to be from different state
at 117 U.S. 272 prior to act of 1887-88, removal required all parties on one side from different state
54 Fed. 1
followedprecedent
City of Detroit v. Detroit City Ry. Co. cited for verification by attorney being sufficient
at 54 Fed. 1, 12 verification can be by affidavit of any person with knowledge

Related cases (4)

137 U.S. 457
precedent
Cited for discretion in proof required for removal
46 Fed. 529
precedent
Walcott v. Watson cited on removal practice
117 U.S. 272
precedent
Jefferson v. Driver cited for prior law on citizenship requirements
54 Fed. 1
precedent
City of Detroit v. Detroit City Ry. Co. cited for verification sufficiency

Statutes

  • Act of 1887-88 (removal statute)
  • General Statutes of Nevada §§ 3040, 3043 (venue change)

Standards & doctrines

  • Discretionary standard for proof in removal cases
  • De novo review for statutory interpretation

Legal principles applied

  • Better practice to give notice in removal applications
  • Court discretion in evaluating proof of prejudice

Notable quotes

“The duty of courts ends by giving to the various provisions of the statute a proper legal construction. They have nothing to do with the wisdom, policy, or expediency of the law.”
majority — Responding to argument about hardship of removal
Emphasizes judicial role in interpreting, not evaluating, statutes
Index terms60
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Judges
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Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
granted
Target
removal petition
Appealed from
state court denial
Context
Court grants removal of cause to federal circuit court, finding petitioner made proper showing under statute
Scope
full
Further instructions
Cause ordered removed to this court
Disposition vote
unanimous
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Judges
Hawley
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