Hess v. Reynolds

Henry Newbegin, for plaintiff in error.

E. M. Marble, for defendant in error.

This is a writ of error to the judgment of the circuit court for the Eastern district of Michigan, remanding a cause to the state court, from which it had been removed into the circuit court. The record shows that plaintiff in error, who was a citizen of Missouri, prosecuted his claim in the probate court of Ionia county, Michigan, against the estate of Warren Sherwood, deceased, of which William Reynolds had been appointed administrator. The claim being resisted, was, in due course of proceeding, referred to commissioners appointed by the probate judge, who reported against its allowance. Thereupon Hess, as the Michigan statute authorized, appealed to the circuit court of Ionia county, where he was entitled to a trial by jury. The judge of that court having been counsel for the administrator in the case, it was by proper order removed to the circuit court of Jackson county after a delay of several years, and from that court into the circuit court of the United States, on the affidavit of Hess that he had reason to believe, and did believe, that, from prejudice and local influence, he would not be able to obtain justice in said state court.

[Argument of Counsel from pages 74-75 intentionally omitted]

MILLER, J.