215 F. 132 | D.N.J. | 1914
The only ground of the motion is that the notice of intended removal gjven is insufficient.
Section 29 of the Judicial Code requires that written notice of the petition and bond for removal be given the adverse party prior to filing the same. The petition and bond for removal were filed on March 30, 1914. The notice was served on March 28, 1914, and stated that such petition and bond would be filed “on or before the 2d day of April, 1914.” The insufficiency asserted is that no definite day or time was named when such paper would be filed.
The notice was within the letter of the law. Was it within its purpose ?
The main, if not the only, purpose of the statutory requirement as to notice, is that the plaintiff be seasonably advised of the defendant’s
No substantial right of the plaintiff as a suitor in the state court was or could have been invaded by the filing of the removal papers on a day between the date of serving such notice and that specifically named therein. In the present case, the notice given is not disserving of the statutory requirement, and the motion to remand is denied.