Sheehy v. Holmes
California Supreme Court Jul 1, 1880 No. No. 7,070Published
Synopsis
Prohibition — Jurisdiction—Removal of Cause to Federal Court.—In an action by citizens of the State, against a citizen and an alien, upon a joint and several obligation, (the amount in controversy being over S000) the alien defendant applied to the Court in due form and time, for a removal of the cause to Ike United States Circuit Court; and, his motion being refused, applied to this Coui-t for a writ oí prohibition. Held, that ho was entitled to the writ.
The Court : In this cause no answer has been filed by the respondent, nor was there any appearance on his behalf at the hearing. We have examined the case, and think the petitioner entitled to the writ prayed for.
Let the peremptory writ issue.
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