Page:Federal Reporter, 1st Series, Volume 4.djvu/273

 OLABEBON 0. HANSOK. 259 �was that the amount in dispute in the suit was only the amount stated in the complaint, and not the amount elaimed in the counter claim set up in the answer; and that as the matter in dispute did not exceed, exclusive of costs, the sum or value of $500, the case was not one for a temoval under section 2 of the act of March 3, 1875, (18 U. S. St. at Large, 470.) Notwithstanding this second order, the defendant, claiming that the suit was removed to thia court, filed in this court, on the first day of this term, a certified copy from the state court of the proceedings therein, to and including the order of removal, and entered an order ex parte, as an order of course, not signed by a judge, reciting the filing of said copy record, and ordering that the cause proeeed no f urther in the state court, and that it proeeed in this court in the same manner as if it had been originally commenced therein, and that the appearance of the defendant be and was thereby entered. �The plaintiffs now move for an ord^er vacating the order so entered in this court, and remanding this action, to the «tate court, and striking from the files of this court the record 80 filed here. It appears when the order of removal was made the pleadings in this case were none of them ex- hibited to the judge of the state court, although the order of removal recited that they were read. They were presented on the making of the second order. �The second section of the act of 1875 provides that "any suit, • * * -where the matter in dispute exceeds, exclusive of costs, the sum- or value of '$600,' in which there shall be ■ a controversy between- citizens of different states, * * * either party may remove said suit." The defendant here con- tends that the matter in dispute, on the issue raised by the counter claim in the answer, and the reply thereto, exceeds $600, exclusive of costs; that there is a controversy in regard to such matter, made a controversy conclusively by the' plàin- tiff, by his reply to thô counter claim ; and that on this ground the defendant can remove the whole suit into this court. ����