Page:Federal Reporter, 1st Series, Volume 3.djvu/717

 710 FEDBBAL BBFOBTim. �Il" �is too late to make that objection. Such an irregularity, or defect, can undoubtedly be waived by the action of the par- ties ; and af ter ail parties agreed, as they did at the time, to the removal of the cause, and left the federal court in juris- diction of the case, without objection, till the motion which is now the subject of consideration, to remand the cause to the state court, was made on October 28, 1879, the objection to the form of the bond cornes too late. �It ought to be stated that there are allegations made by the different railroad companies that the property covered by the various mortgages is entirely inadequate to pay the mortgage debts, and that none of the companies have any real interest in the controversy, eaeh one admitting that the burdens upon the property are far beyond its real value. It would seem, therefore, to be a controversy between the bond- holders or trustees of the various mortgages and the other creditors of the respective companies, and if in that contro- versy there are arrayed citizens of the United States on one side, and citizens of the United States on the other, the former being citizens of different states from the latter, then it vould seem that the court ought to take jurisdiction of the cause. Mr. Secor, the trustee, as well as the Union Trust Company, asks for the removal of the cause to the federal court. Each of these parties is a citizen of the state of New York ; the other parties are ail citizens of different states — Illinois, Indiana, Missouri, and perhaps other states. There seems to be an aflBidavit, made on October 13, 1879, long after the cause was removed, of Swan Swanson, in which he states that on the sixth of April, 1878, when the application was made to the state court for removal, he was not a citizen of the United States, but was at that time a citizen and subject of Sweden. The petition in the state court praying for re- moval mentions the name of Swan Swanson as a citizen of Illinois, among others named as creditors of the various rail- road companies, and in one of the amendments to the bill which was filed he is named, among others, as a judgment or general crediter of the companies, and his debt stated to be 1215.75. This is ail we know of the character of his debt, ����