Page:Federal Reporter, 1st Series, Volume 2.djvu/505

 e98 raDSBAIi BKFOBTEBi �WHiTEHOusœ, Assignee, v. Thb Continental Fisb Ins, Co.* �Samb V. The Com. Firb Ins. Co. �Same V. The Manhattan Fiee Ins. Co. (Circuit Court, E. D. Pennsylvania. May 18, 1880.) �Bbmotal of Causes — Time of Removal — Act of Congbess.— Under the act of March 3, 1875, it is not necessary that the cause should be removed from the state court at the flrst term at which it could be put at issue, but It may be removed at any time before the ploadings are completed, or at the flrst term following their completion. �Bamb — Removal fob Looai. Influence or PEE-nroiCB. — The provisions of the act of 1867, (Rev. St. j 639,) for the removal of causes from the state courts, on the ground of local influence or prejudice, are not re- pealed by the act of 1876. �These were rules to remand causes to the state court. �The record showed that the above suite were commenced in the court of common pleas of Schuylkill county, Pennsyl- vania, on September 5, 1874. Defendants appeared by coun- sel, but no declaration was filed, or any further proceedings taken, until November 17, 1879, when defendants filed peti- tions for the removal of the causes to the United States cir- cuit court. The petitions set forth that the matters in dis- pute in each case exceeded f 500 ; that the controversy was between citizens of different states, the plaintiff being a citi- zen of Pennsylvania, and the defendants being corporations organized under the laws of New York, and having their principal oflBces in the city of New York ; and that petitioners believed that, from prejudice and local influence, justice could not be obtained in the state court. The petitions were ac- companied wtth the usual bonds to remove the record to the United States court, and the record was filed in the circuit court at the first term after the filing of the petitions. �Hon. J. B. Beilly, for plaintiff. �Q.R.d S. H. Kaercher and E. D. Smith, for defendants. �Butleb, d. J. The rules taken must be dismissed. The act of March 3, 1875, section 3, requirea the petition for removal �•Prepared by Frank P. Pritchard, Esq., of the Philadelphia Bar. ����