Page:Federal Reporter, 1st Series, Volume 7.djvu/275

 COOEE r. SELiaiIAM. ���2ea ���the owner of the property must join in bringing tiie action, as having a united interest in the cause of action and in the recovery sought. The decision in Bamey v. Latham does not, as I conceive, affect the conclusion reached in the pres- ent case, because here there is no such separable controversy between citizens of different states as brings the case within the principle and scope of that decision. Motion to remand granted, and order accordingly. ���CooKB ». Seligman and others. Circull Court, 8. D. New York. February 5, 1880.) �Removal— Who ahe "Defendants" Undbr Section 2, Act of 1875. �Where, in a suit between a foreign citizen and citizens of varions States, the petition for removal is made by all the defendants except X., the petition makes out a case for removal under the flrst clause of section 2 of the act of 1875, as being a suit where all parties defendant have applied for the removal, if X. is an unnecessary and improper party, the complaint making no case on which X. could claim the relief demanded, and althougli the petition may be framed so as to attempt to make out also a case under the second clause of the same section �Same — Petition et Attobnet. �The objection that the petition for removal was made and flled by the attorney of ■ the defendants is of no force in this court, although sectionSof the act ofMarch 3, 1876, provides only that a "party • * may make and file a petition." �BaME — AVERMENT OF PERSONAL ClTIZEKSHIP. �The averaient of the petition for removal that the defendants (naming them) " as they are the quallfled executors of the last will and testament of Y., deceased," were and are citizens, etc., is a suffl- cient averment of personal citizenship, and should not be construed to refer to their officiai citizenship as executors. �Same — Due Execution op Bond. �The want of acknowledgment or proof of the execution of the bond for removal is a matter of practice for the state court to pass upon, and cannot be reviewed by this court after the state court has accepted the bond. ��� �