Page:Federal Reporter, 1st Series, Volume 2.djvu/41

 Se nCDEBAL BEPOBTBB. �The till also charges that by reason of certain irregular- ities, and for alleged want of power in said town, said bonda were Toid, and do not constitute a legal and binding indebted- ness against the town ; that said bonds have been registered with the auditor of public acoounts of this state, in pursuance of the act approved April 16, 1869, entitled "An act to fund and provide for paying the railroad debts of counties," etc.; that defendant Portsmouth Bavings Bank owns 15 of said bonds, of $1,000 each, and that the other defendants named, except the state and oounty officers, are owners of certain of Baid bonds. �The bill then prays that the auditor be restrained from certifying to the county clerk the amount of tax necessary to be levied to pay said bonds, or any part thereof ; the county clerk from extending, the county treasurer from collecting, and the state treasurer from paying over to the holders of Baid bonds, or the coupons eut therefrom, any sum of money •whatever, either as principal or interest, on said bonds; and also asks that the bonds be declared void, and their collection perpetually enjoined. Bill filed April 19, 1879. Summona issued April 24th, returnable third Tuesday of September, 1879, of Kankakee circuit court. August 2d, bill amended by leave of court in vacation. �September 5th, defendants Portland Saving Bank and Appleton National Bank appeared and filed petition setting forth that defendants are owners of part of the bonds which said bill sought to bave set aside and held for naught ; that the petitioners are citizens, one of the state of New Hamp- Bhire, and the other of the state of Massachusetts, and that complainant is a citizen of Illinois; that said suit involves a controversy wholly between complainant and petitioners, as holders of said bonds, concerning the validity of said bonds, and that the matter involved in said controversy exceeded $500, and prayed that said cause be removed to this court for trial. Circuit court of Kankakee county ordered same removed. �Complainant now moves to remand, on' the ground that ����