La Page v. Day

Not specified
Decided Circuit Court, N. D. New York
Disposition
denied
full scope · unanimous
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Court
Supreme Court of the State of New York (Franklin County)
Decided
Judge
COXE, District Judge
Posture
Action to recover $10,000 for alleged assault pending in state court
Defendant (1)
Day
W. A. Poacher, for defendant
v.
Plaintiff (1)
La Page
John P. Kellas, for plaintiff

Overview

The motion to remand is denied.

Case summary

La Page sued Day in New York state court for $10,000 for alleged assault. Day, a special inspector of customs, sought removal to federal circuit court based on his official character. The key issue was whether removal was timely. On April 18, 1896, before the April 20 answer deadline, Day's counsel presented removal papers to Justice Leslie W. Russell at a special term in Canton. The bond was approved, and an order to show cause was issued. Papers were filed with the county clerk on April 20. The state court formally ordered removal on May 4. Plaintiff moved to remand, arguing removal was untimely. The federal circuit court held that presentation to the judge holding court on April 18 effected immediate removal under federal statute, making the May 4 order irrelevant. Uncontradicted affidavits established the court was in session. The motion to remand was denied, affirming federal jurisdiction.

Abstract

Plaintiff sued defendant in state court for assault, prompting defendant, acting in an official capacity, to seek removal to federal court. The core dispute centered on whether presenting removal papers to the judge before the answer deadline constituted timely removal, despite later formal state court ordering. The federal court denied the motion to remand, ruling that presentation to the judge effected immediate removal and established federal jurisdiction.

Opinion of the court

Majority
opinion
COXE, District Judge
  • Removal occurs instantly when proper papers presented to state court before answer deadline
  • Formal removal order not required for jurisdiction transfer
  • Sworn affidavits sufficient to prove court was in session
  • State court proceedings after removal are void

Jurisdiction

challenged
Subject matter
Federal question jurisdiction based on defendant's status as a special inspector of customs acting under color of office
Jurisdictional holding
Jurisdiction obtained by federal court due to timely removal from state court
Jurisdictional facts
  • Defendant is a special inspector of customs
  • Acts alleged were done by virtue and color of office
  • Removal petition filed before state court

Procedural posture

Posture at trial
Action to recover $10,000 for alleged assault pending in state court
Posture on appeal
Motion to remand to state court
Preserved issues
  • Timeliness of removal petition and bond presentation

Legal categories

Business

Case record

Full case name
LA PAGE v. DAY
Docket number
Not specified
Court
Circuit Court, N. D. New York
Trial court
Supreme Court of the State of New York (Franklin County)
Trial court judge
Hon. Leslie W. Russell
Decided
Opinion author
COXE, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
COXE, District Judge

Issues & holdings

1
Issues raised
1
affirmed
2
Holdings
Standard of review

de novo

Disposition rationale

Removal was timely because petition and bond were presented to state court judge holding special term before answer deadline

Preservation

Issue preserved for review

Holdings of the court

Effect of removal application timing
When a petition and bond for removal are presented to a state court judge holding a term before expiration of time to answer, the cause is immediately removed to federal court, even without formal order at that time
Statutory requirements fulfilled upon presentation and bond approval; state court loses jurisdiction instantly upon proper filing
unanimousbinding precedent
Sufficiency of evidence showing court in session
Positive sworn averment by counsel that judge was holding special term is sufficient to show court was in session, despite informal order form
Uncontradicted affidavits establish factual basis; rule of court provides special terms are open when judge is present
unanimousbinding precedent

Error analysis

  • Removal was untimely because no formal court order was made until May 4, after answer deadline — procedural · no error foundNot applicable · not applicable

Statutory interpretation

1
Statute
25 Stat. 433, § 3
Question
Requirements for removal of causes from state to federal court
Court's reading
Presentation of petition and bond to state court before answer deadline, with bond approval, fulfills statutory requirements for immediate removal
Canons applied
Plain meaning

Standards of review

  • Jurisdiction and removal timeliness — de novo Legal question of whether removal procedures were properly followed

Timeline

5
Events
95
Days, incident to ruling
—
Span
procedural eventcited in opinion

Summons and complaint served on defendant

Initiated the assault lawsuit in state court

La Page (plaintiff) · Day (defendant) trial court
procedural eventcited in opinion

Petition for removal, bond, and order to show cause presented to Justice Leslie W. Russell at special term of state court

Outcome: Bond approved, order to show cause granted returnable May 4

Critical event for determining whether removal was timely

Timeliness of removal
W. A. Poacher (defendant's counsel) · Hon. Leslie W. Russell Canton, New York trial court
procedural eventcited in opinion

Removal papers filed with clerk of Franklin County before expiration of time to answer

Filing completed before answer deadline

Timeliness of removal
Defendant's counsel Franklin County trial court
procedural eventcited in opinion

State court formally accepted bond and petition and ordered removal to federal court

Outcome: Removal order issued

Formal removal order, but court found it was too late to affect jurisdiction

Timeliness of removal
State court trial court
rulingcited in opinion

Federal circuit court denied plaintiff's motion to remand case to state court

Outcome: Motion to remand denied

Final ruling that federal court properly obtained jurisdiction

Timeliness of removal
COXE, District Judge appellate court

Facts & evidence

Incident

Date
Not specified
Location
Not specified

Key facts

6 facts
  1. Plaintiff sued defendant for $10,000 for alleged assault
  2. Defendant is a special inspector of customs
  3. Both parties are citizens of New York residing in the district
  4. Summons and complaint served March 30, 1896
  5. Time to answer expired April 20, 1896
  6. Defendant sought removal to federal circuit court based on official character

Disputed questions

  • Whether state court was in session on April 18, 1896 when removal papers were presented

Procedural history

5 steps
  1. March 30, 1896: Summons and complaint served
  2. April 18, 1896: Petition for removal presented to state court justice
  3. April 20, 1896: Removal papers filed with county clerk before answer deadline
  4. May 4, 1896: State court formally ordered removal
  5. July 3, 1896: Federal circuit court denied motion to remand

Evidence in the record

Testimonial
  • Affidavit of defendant's counsel stating he presented papers at special term on April 18
  • Affidavit of court stenographer confirming special term
  • Affidavit of defendant confirming presentation
Documentary
  • Petition for removal
  • Bond for removal
  • Order to show cause dated April 18
  • Rule of court regarding special terms
  • State court removal order dated May 4

Authorities

Cited authorities (8)

151 U. S. 673
followedprecedent
Cited for principle that removal timing is determined by events before answer deadline
40 Fed. 545
followedprecedent
Cited as federal court decision on removal requirements
60 Fed. 305
followedprecedent
Cited as federal court decision on removal requirements
47 Fed. 533
followedprecedent
Cited as federal court decision on removal requirements
34 Fed. 561
followedprecedent
Cited for principle that state court order not absolutely necessary for removal
100 U. S. 457
followedprecedent
Cited for principle that state court order not absolutely necessary for removal
104 U. S. 14
followedprecedent
Cited for principle that state court order not absolutely necessary for removal
152 U. S. 454
followedprecedent
Cited regarding federal question in assault case with general denial

Statutes

  • 25 Stat. 433, § 3 (removal statute)

Standards & doctrines

  • De novo review of jurisdictional questions

Legal principles applied

  • Removal occurs immediately upon compliance with statute, not upon formal order
  • State court loses jurisdiction the moment proper removal papers are filed
Index terms58
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Action type
denied
Target
Motion to remand
Appealed from
Plaintiff's motion
Context
Court denied plaintiff's motion to remand case to state court, holding removal was timely and federal jurisdiction proper
Scope
full
Disposition vote
unanimous
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