HILL v. HOYT

Civil Action No. 541.

69 F.Supp. 677 (1946)

HILL v. HOYT.

District Court, D. New Hampshire.

May 6, 1946.


Attorney(s) appearing for the Case

Hughes & Burns, of Dover, N. H., for plaintiff.

Murchie & Murchie, of Concord, N. H., for defendant.


CONNOR, District Judge.

This matter came on for hearing on the plaintiff's motion to remand on the ground that the petition for removal had not been filed within the time fixed by the statute. It is conceded that the petition was not filed within the first four days of the term and that Rule 23 of the Superior Court requires that a plea in abatement must be filed within that period.

The removal statute (28 U.S.C...

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