Page:Federal Reporter, 1st Series, Volume 5.djvu/401

 OiSBOBH V. OSBOBS. 889 �any cobIs tlial rtûght arise becatise bf the •wrongful removal, is not such a bond as the statute requires. We are of opinion that the jurisdiction of this court in a case removed from a state court does not depend upon the form, nor even upon the substance, of the bond which is presented to and approved by the state court before removal. If the statute in other respects is complied with, and a copy of the record is filed here in accordance with the statute, the removal is complete. But, upon looking into this record, we observe what counsel seem to have overlooked — ^tfae petition for the removal of the cause into this court is in the present tense. It states that the de- fendants are residents of another state. Under the judiciary act of 1789 the supreme court has held that the record must show the citizenship of the parties at the time of the com- mencement of the action. In a case recently deoided in St. Louis, where Justice Miller was present in court, it was held that the same rule prevails under the act of 1875, and that the petition for removal under that act must also show the citizenship of the parties at the time of the commencement of the action, and not at the time of the application for re- moval. On that ground, therefore, this case must be remanded. Although the motion does not present that question, the court is bound as to that jurisdictional matter, and to take notice of it without any formai motion. �NoiB. Bee Gwtin ▼. Decker, lupra. ���OsBOBN V. OsBOBN and others. �{OireuU Court, D. Minnesota. December, 1880.) �L Removal — Local PREJtrracB Act — FmAi, HEABisa m Statk Cotjbt. The submission of a case to a jury does not constitute a " final hear- ing," within the meaning of the "local prejudice act," when then has been a partial disagreement aa to the verdict. S. Chanceet Casb— Ybbdict of Jukt — Minnesota Statut». �Under the peculiar provisions of the statute of Minnesota, the sub- mission of the facts of a chancery case to a jury render tha verdict a necessary part of the final trial of the cause. — [Ed. �Motion to Eemand. ����