Page:Federal Reporter, 1st Series, Volume 2.djvu/623

 til6 FiiDEUXh REPOETEE. ���KiDDES ». FeaTTEATI. �yC^euit Court, D. Nebraska. May, 1880.) �Rbmoval of Cause— Delat in PiLma Recoiîd— Ke.vianding.— The only necessary consequence of failure to file the record of a case removed from a state court, under the act of March 3, 1875, by the first day of the next term after the application for removal, or within 20 days after such application, is to creiite a liability on the bond. Unnecessary delay, amounting to laches, in flling such record, prejudicing the other party, may be ground for remanding the case ; but the party is not entitled for such cause, as mattei' of right, to have it reinanded. Delay in filing record in this cause fmld not sufBcient ground for remanding cause to State court. �Brown e Camphell, for plaintifif. �C. A. Baldwin, for defendant. �MoCbaby, C. J. This is a motion to remand the case to the state court, from whence it was removed, on the ground that the transcript was not filed in this court by the first day of the next session after the application for the removal, nor "within 20 days from the time of such application. �The third section of the act of March 3, 1875, (18 St. 470,) provides that the party filing a petition in a state court for the removal of a cause to the circuit court of the United States, "shall make and file therewith a bond, with good and sufficient Burety, for his or their entering in such circuit court, on the first day of the then next session, a copy of the record in such suit, and for paying aU costs that may be awarded in said circuit court, if said court shall hold that such suit was wrongfully or impropeiiy removed thereto," etc. The seventh section of the same act provides "that, in ail causes removable under this act, if the term of the cir- cuit court to which the same is removable, then next to be holden, shall commence within 20 days after the filing of the petition and bond in the state court for its removal, then he, or they, who apply to remove the same, shall have 20 days from such application to file said copy of record in said circuit court, and enter appearance therein; and, if done within said 20 days, such filing and appearance shall be taken to satisfy the said bond in the behalf." ����