Page:Federal Reporter, 1st Series, Volume 3.djvu/552

 van allen v. a., cap. b. co, 545 �Van Allen v. Atchison, Colorado & Pacifio Eaileoad Co. {Circuit Court, D. Ztinsas. Auguat 31, 1880.) �1. Removal— " BuiT * * Aeising Undeb THE Constitution OR La-ws �OF THB United States"— Act op March 3, 1875, 4 2— Constitution, Akt. 3, § 2. — A case arises, " under the constitution or laws of the TJnited Statea," whenever, upon the whole record, thero is a contro- versy involving the construction of either- �CoAena y. Virginia, 6 Wheat. 264, �Mayor v. Cooper, 6 Wall. 247. �Tennessee v. Davis, 100 U. 8. 275. �2. Bame — Trial Term. — Where a state statu te did not flx the tîme withln �whlch the pleadings should be flled, it was the duty of the state court, upon the application of the parties, to flx a time, and, having donc so, the cause was not triable until issue could be joincd in pursuance of the court's order. �S. Bame — Bond — Surbties. — A federal court will not, upon motion to remand, enter upon inquiry as to the sufflciency of the sureties on a bond, conditioned as required by the removal act, and approved by the state court. �McBride Bros., for plaintiff. �W. T. S. May and D. Martin, for defendant. �McChaey, C. J. Motion to remand to state court. Thîs îs a proceeding instituted under the statute of Kansas to condemn land for railroad purposes. Laws of Kansas, 1879, p. 230. �The plaintiflf's land was taken for the right of way of the defendant's railroad, and his damages were assessed by the county commissioners in accordance with the statute. The plaintiff appealed to the district court, where, in accordanCe with the practice in such cases, he filed a petition claiming a larger sum as damages than that allowed by the commis- sioners. �The defendant, answering said petition, set up as a de- fence that the plaintiff has no title to the locus in quo, and ia therefore entitled to no damages. �The premises consist in part of a farm, and in part of town lots, in the town of Kernan. The answer avers that the farm is occupied by plaintiff under the homestead act of �T.3,no.lO— 35 ����