Page:Federal Reporter, 1st Series, Volume 2.djvu/751

 744 FEDERAL REPORTER. �this application by the state court, the defendant filed the following stipulation in that court : �"Eason Keith et al., Plaintiffs, v. Marcus Levi, Defendant. �"In THE LiNN COUNTY CoURT OF CoMMON PlEAS, FeBRUAEY �Tebm, 1880. �"Defendant herein, by his attorneys, in open court, and be- fore the motion filed herein to remove this cause to the fed- eral court is passed upon by the court, does hereby stipulate and admit that the claim sued upon is just and due to the plaintiffs, and that the amount sued for is correct; and, fur- ther, that he has not disputed said debt, and does not intend to dispute the same in any form of answer, but intends to allow plaintiffs to take their judgment for the amount claimed whenever they ask for it. �"Marcus Levi, Defendant. "By his attorneys, �"HusTON & Bbownleb, with H. Lander." �Whereupon the state court overruled the application for removal, and the plaintiffs filed the transcript in this court claiming that their petition and bond were according to the statute, and had the effect to remove the cause and to deprive the state court of further jurisdiction. The defendant ap- pearing speciallyin this court moves to remand the cause, on the ground that, after the admissions contained in the fore- going stipulation were placed upon the record, there was no controversy or dispute which could be removed to this court. �It is manifest that there could be no removal of the origi- nal case, to-wit, the suit on the account set out in the peti- tion, after the admission of its correotness by the defendant, and his offer to consent to judgment for the whole amount claimed. �The second section of the third article of the constitution declares that the iudicial power of the United States shall extend to controversies between citizens of different states. The act of congress under which the removal was sought in this case, and which was passed in pursuance of said consti- tutional provision, provides: "Any suit commeuced in any ����