Page:Federal Reporter, 1st Series, Volume 2.djvu/750

 EEITH V. LEYI. 743 �Keith and others v. Lbvi, �{Cirouit Court W. D. Missouri. May Term 1880,) �Rbmoval — Want of Conteovbrsï — Rbv. St. } 639. — There is no right of removal, tinder section 639 of the Revised Statutes, after a stipulation bas been flled in the state court admitting the claim sued upon. �8ame — Attachmbnt — Contkoveest. — A controversy between citizens of different states, as to the validity of an attachment, may constitute a case removable, witliin the meaning of the statute, where the amount in dispute, exclusive of costs, exceeds the sum or value of |500. �Samb — Same — Amount in Controvbkst — Petition. — In such case the application for removal should be made upon the attachment issue, and should show afflrmatively that the amount in value in that contro» versy was more than $500. �Motion to Eemand. �L. H. Waters and E. Torrence for plaintiffa. �Huston, Brownlee, Dobson and Lander, for defendant. �McCbabt, g. J. The plaintiffs, citizens of Illinois, brought their action against the defendant, a citizen of Missouri, in the court of common pleas of Linn county, Missouri, to re- cover a debt due for merchandise amounting to $975.70. The petition alleges that the defendant is about, fraudulently, to convey and assign his property and effects so as to hinder and delay his creditors, and that he is about, fraudulently, to conceal, remove and dispose of his property and efifects so as to hinder and delay his creditors. The affidavit for attach- ment required by the statute of Missouri was filed, and a writ of attachment was issued and levied upon certain goods of the defendant. The defendant filed in the state court a plea in abatement, in which he denied the truth of the alle- gations in the petition upon which the attachment was issued, and prayed that the attachment might be abated, and that the goods attached might be released, and that he recover costs. Thereupon the plaintiffs filed their petition for the re- moval of the cause to this court, on the ground of local preju- dice, under the third subdivision of section 639, Eevised Statutes of the United States. Pending the consideration of ����