Page:Federal Reporter, 1st Series, Volume 6.djvu/811

 IN BB BECEIVEBSHIP OF lOWA 4 MINN. CONST. 00. 799 �In re Eecbivershii' op Iowa & Minkesota Consteuction Co. (Ovreuit Court, D. Iowa., ^^^^O,, �1. Remotai. — Petition of Isteevention Without Pbocebs INot a "Suit." �Before a suit is pending in a state court, for the purposes of the re- moTal act, it must be a suit within the meaning of the state law, and the mere flling of a petition of intervention, without the issuing or service of notice or process of any kind, does not constitutc a »uit ■ '^ithin the meaning of the lavr of Iowa. Section 2596, Code of layra, 1873. �Motion to Eemand. �The Iowa & Minnesota Constraction Company is a corpo- ration existing nnder the laws of Iowa. On the second day of Febroary, 1876, one L. Schoonover filed his petition in the circuit bourtof Jones county, Iowa, alleging that he had pre- viously, as trustee for Staey & Walworth, obtained judgment against said corporation for $3,759.57, which remains un- 'paid; that the capital stock of said corporation was $100,- 000, and had been subseribed by certain persons who were named, and that said capital stock had not been paid In to a greater estent than 20 per cent, of the amount subseribed. It was further alleged that said corporation was insolvent, and that the petitioner could find no property or assets to satisfy the aforesaid judgment. Thereupon the petitioner prayed to be appointed receiver of said corporation, with au- thority to take possession of the books and papers thereof, and to levy a sufficient assessment upon the atockholders to liquidate the liabilities of the company. By an order of the judge, indorsed upon the petition, the same was set down for hearing on the first day of the March term, 1875, of the circuit court of Jones county, upon notice to be giver. to each stockholder and others interested by publication in a news- paper, and by mailing a copy to the reputed post-office ad- dress of each stockholder. There is due proof of the publi- cation and mailing of notices as required by the order of the judge, and on the second day of March, no one appearing for the stockholders, default was entered against them, and a ��� �