Page:Federal Reporter, 1st Series, Volume 6.djvu/18

 6 FEDERAL REPORTER. �court of jurisdiction. The question then is, can the cause be now removed? — for an amendment of the record at this time, BO as to show the necessary jurisdictional facts, could be equivalent to a removal at this time. With respect to the time of removal, the statute provides that the petition there- for shall be filed in the state court "before or at the term at which said cause could be first tried." This means, as has been repeatedly held in this circuit, the term at which by law the cause could first be tried; not necessarily the term at which the parties are ready for trial. �If it be that this term has not yet passed, a removal is still permitted by the statute; Lut if it has passed, the question is whether it is not too late to remove the cause, either by a new petition or an amendment of the record. This question wUl not necessarily arise until the amended transcript is pre- sented, and is therefore not finally passed upon. �Leave is granted to file an amended transcript, if plain- tiff still desires to do so, otherwise the cause will be remanded. �MiLLEii, C. J., concurs. �Note. t3ee Uurtin t. Decker, 5 Fed. Kep. 385, and Beedt v. Oheeney, Id, 388. ���Eegester r. DoDGE. �(Cireuit Court, E. D. Nm Torh. February 16, 1881.) �LiABiLiTT OF Ketired Pabtnek— Nkvt Piem. �In a suit in equity to charge the estate of a partner, who retired from the banking flrm of Jay Cooke & Co. in 1871 and died in 1877, with the amount of certain deposits made with said firm in 1869 — �RM, that where money ia deposited with a banking flrm which sub- gequently dissolves, and whose business is continued by a new flrm, tha liability of the members of the old flrm continues, unless facta be Bhown from which an intention to accept the liability of the new flrm in lieu of the liability c' the old firm can be fairly inferred. If such facts be shown, the liability of a retired partner will be held to have been ejttinguislied �BAME — ACCEPTANCB BY OBEDITOB OP NbW FiRM — EVlDEIfCB. �Tliat where a banking flrm ia dissolved, and the business is canied on by a new firm which has agreed to assume the liability of the old ��� �