Page:Federal Reporter, 1st Series, Volume 1.djvu/467

 F0EEE8T V. EDWIN FOREBST HOME. 459 �You may present your bond, and the court will pass npon the sufficiency of the sureties. �Citing — Silshy v. Foote, 20 How. 290 ; Brockett v. Brockett, 2 How, 238; Green v. Van Busidrk, 5 Wall. 307; Telegraph Co. Y.Eyser, 19 Wall. 419; Sage v. Central Railroad, 93 U. S. 412-417; Kitchen v. Randolph, 93 U. S. 86; Camhuston v. United States, 95 U. S. 285. ���FoEKEST V, Edwin Foerest Home and otliers.* �{Circuit Court, 8. D. N&m York. March 8, 1880.) �RBMOVAii op Cause — xVct March 3, 1875. — In the state of New York a cause cannot be removed under the act of March 3, 1875, after the expi- ration of the term in which the same could have been noticed for trial, under the provisions of the New York Code. �Motion to remand cause to the state court. �John Townshend, for plaintiff. �Robert W. De Forest, for defendant. �Blatchford, J. This is an action of ejectment, brought in the supreme court of New York, to recover possession of a piece of land in the city of Yonkers. The oomplaint put in the state court alleges seizure and possession in fee by the plaintiff, and ejection of the plaintiff, and -withholding of possession from him by defendants ; and demands judgment that the plaintiff has an estate in fee in the premises, and that he recover possession thereof, and his damages for the withholding thereof. The Edwin Forrest Home answered, denying the allegations of the complaint. The other two defendants did not appear, or answer, and are in default for want of an auswer on the twenty-third of January, 1878. The answer of the Edwin Forrest Home was put in on that day. The cause was at issue as to the Edwin Forrest Home on that day. �Subsequently and on the ninth of December, 1879, th& Edwin Forrest Home filed in the state court a petition set- �*See n'acJcwell v. Braiin, ante, 351 ��� �