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28 U.S.C. § 1450 — Attachment or sequestration; securities
Federal law — U.S. Code and appendices · legal_authorities
Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court.
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Source location: Title 28, Chapter 89, § 1450; chapter-089-district-courts-removal-of-cases-from-state-courts.md
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Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally.—** A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.
**(b) Requirements; Generally.—**
(1) The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.
(2)
(A) When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.
(B) Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal.
(C) If defendants are served at different times, and a later-served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though that earlier-served defendant did not previously initiate or consent to removal.
(3) Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the de
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Federal law — U.S. Code and appendices · legal_authorities
Page 404
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1450
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., § 78 (Mar. 3, 1911, ch.
231, § 35, 36 Stat. 1098).
Changes were made in phraseology.
1949 ACT
This section corrects a typographical error by elimi-
nating from section 1449 of title 28, U.S.C., the words
‘‘any attachment or sequestration of the’’, which had
been inadvertently included, and inserting in lieu
thereof the words, ‘‘and the clerk of such State court,
upon’’.
Editorial Notes
AMENDMENTS
1949—Act May 24, 1949, substituted ‘‘and the clerk of
such State court, upon’’ for ‘‘any attachment or se-
questration of the’’.
§ 1450. Attachment or sequestration; securities
Whenever any action is removed from a State
court to a district court of the United States,
any attachment or sequestration of the goods or
estate of the defendant in such action in the
State court shall hold the goods or estate to an-
swer the final judgment or decree in the same
manner as they would have been held to answer
final judgment or decree had it been rendered by
the State court.
All bonds, undertakings, or security given by
either party in such action prior to its removal
shall
remain
valid
and
effectual
notwith-
standing such removal.
All injunctions, orders, and other proceedings
had in such action prior to its removal shall re-
main in full force and effect until dissolved or
modified by the district court.
(June 25, 1948, ch. 646, 62 Stat. 940.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 79 (Mar. 3, 1911, ch.
231, § 36, 36 Stat. 1098).
Changes were made in phraseology.
§ 1451. Definitions
For purposes of this chapter—
(1) The term ‘‘State court’’ includes the Supe-
rior Court of the District
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1450
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