Page:Federal Reporter, 1st Series, Volume 6.djvu/812

 800 FEDBBAL EBPOETBB. �decree entered appointing the said Schoonover as receiver and fixing his bond at |5,000. Afterwards several assessments upon the stockholders were ordered by the court or by the iudge in vacation for the payment of debts of the company, and severaL reports were made by the receiver and passed upon by the court, from some of which it appears that he nad instituted suit against several of the stockholders, includ- ing P. E. Hinckley, A. B. Cox, J. Jamison, and George Boone. These proceedings were carried on in the Jones county circuit court, without any appearance on the part of the stockholders, until the third of November, 1879, when George Boone, John M. Whittaker, and Francis E. Hinckley filed their intervening petition, herein alleging that tiiey are stockholders ; that cer- tain claims against the company are fraudulent; denying no- tice of the proceedings ; besidee numerous other allegations which need not be repeated here. By said petition they pray an accounting, and that the order for assessment upon the capital stock be set aside, as well as the order appointing Schoonover as receiver. Upon the fQing of this intervening .petition in vacation, and without notice to any one other thaii that which is afforded by the filing of the same, a peti- tion and bond in this form were filed in the clerk's office of the state court for the removal of the cause to this court. The receiver now appears here and moves to remand. �Miller de Godfrey, for motion. �Geo. W. Kretzinger, contra. �MoCbaey C. J. As the case stood prier to the filing of the 1 etition of intervention, which is in substance a bill of review, it was not removable under the act of March 3, 1875, because the time for removal had passed. The case had been pend- ing in the state court over three years. The statute requirea fbat the petition for removal shall be filed "before or at the time at which said cause could be first tried, and before the trial thereof .," Section 3, act of March 3, 1875. If the cause is removable it must be upon the ground that the petition of intervention, or bill of review above named, is a suit within the meaning of the act. The language of the law is "that any suit of a civil nature, at law or in ecLuity, now pending or here- ��� �