Page:Federal Reporter, 1st Series, Volume 6.djvu/670

 ■658 FEDERAL REPORTER. �bj the act of 1872, independent of ail the statutes and decis- ions conceming the remoyal of causes ? �While the practice acts of the state may prevail as to pleadings, etc., under the United States act of 1872 they cannot ■enlarge or change the United States acts conceming removal of causes from state courts. The amount in dispute still ■continues to be what plaintiff claims, and not what by coun- ter claim the defendant may demand. �Motion to remand sustained. ���Weab V. Mayeb. (Cvreuit Oowt, E. B. Misaowi. September, 1880.) �1. Weit of Ebbob— Koticb— Rbv. St. { 4981. �A -writ of error 'will not be allo-wed from the circuit to the district court, in bankruptcy proceedings, unless the plaintifl in error shall have given the notice required by seatioa 4981 of the Revised Stat- utes. �2. Same— Teial Withotjt Jubt. �A judgment cannot be reviewed in the circuit court upon a ■writ of error, •when the cause, by consent of the parties, waa tried before the judge of the district court without a jury. — [Ed. �Writ of Error. �W. L. Scott and D. W. Wear, for plaintiff in error. �W. B. Homer and L. B. Kellogg, for defendant in error. �McCbaby, C. J. This was an action at law in the district «Qurt, brought by Mayer, as assignee ia bankruptcy of one Wellington Stewart, to recover the value of certain goode alleged to have been obtained by plaintiff in error from Stew- art by way of fraudulent and illegal preference. A jury was waived, and by consent of parties the issues of fact were sub- mj^tted to the court, the finding and judgment were for the assignee, and the cause has been brought into this court by -writ of error. The Mil of' exceptions shows the findings of fa,et by the court in, the nature of a, special verdict, and also •sets forth certain testinnny, to;^ether with tha court's ruling ��� �