Page:Federal Reporter, 1st Series, Volume 6.djvu/13

 CASES �AEGUBD AND DETEEMINED �IS IHB ���Eaeiseb V. Illinois Cent. B. Co* (Cireuii Court, D. Lma. October 20, 1880.) �1. Hbmotju»— Whbn RBQmsiTB CrnzBNSHip Mubt Exist. �A cage cannot be removed, under the act ot 1879, on tbs gronnd ef citizensbip, unless it appearsfrom the record that at the timetha suit W88 commenced the parties were citizena of different States. �Il Samk— Ambhdmbht of Record. �In such case, an amended transcript may be flled, where the reo> ord in the state court did in fact disclose the requisite citizenship, nnder the statute, before the order of removal was made. �t. Samb— Samb. �Qimre, whetber such record of the state court can be amended 80 as to conform to the statuts, where the term has passed "at which by law the cause coold be first tried" in the state court. — [Eo. �Petition for Eemoval. �On the third day of Pebruary, 1880, the plaintiff com- menced bis action in the district conrt of Gherokee county, lowa. Defendant appeared in the state court at the Febru- arj term, 1880, and at that term the plaintiff filed bis peti- tion for removal to tbis court; �T.6,uo.l — 1 ��� �