Page:Federal Reporter, 1st Series, Volume 7.djvu/276

 261 TSDEBAL BEFOBTEB. �6. Sasie— Condition of Bond. �The clause in the condition of the tond for removal providing that the defendants shall " do, or cause to be done, such other and appro- pria te acts," etc., is a sufflcient compliance with any requirement in section 3 of the act of 1875 that the bond shall be onc for appearing in the federal court. �Motion to Eemand. �Clarence A. Seward and Charles M. Daeosta, for plaintiff. �Clarkson N. Potter and J. G. McCullough, for defendants. �Blatchford, g. J. Although the complaint avers that Wosteuholme owns a number of the bonds, it does not aver that he makes any claim in respect of them, on account of any matters alleged in the bill as matters on account of which the plaintiff makes a claim in respect of bonds. Nor does the plaintiff sue on behalf of Wostenholme, or claim to represent him as respects any claim made on the other defend- ants, or any of them. On the whole scope of the bill, the words "similarly situated," in the preamble to the complaint, and in paragraphs 14 and 16, and in subdivisions 1, 2, and 3 of the prayer, mean the original allottees, called also takers in paragraph 14. Subdivisions 1 and 2, of the prayer, pray no relief for the benefit of Wostenholme, nor does subdivision 3. That subdivision only prays that the moneys to be accounted for may be refunded for the benefit of the original allottees, of whom Wostenholme was not one. It does not pray that such moneys be refunded for the benefit of the original allot- tees, and holders not original allottees, leaving such moneys to be distributed afterwards. Therefore, the complaint makes Ho case on which persons not original allottees could put in any claim to any moneys refunded. So that part of the prayer of subdivision 3 which relates to the superior right of the original allottees is to be rejected as surplusage, and Wostenholme stands as an unnecessary and improper party to the suit, and no real and actual party. This being so, it follows that the suit was removable, under the first clause of section 2 of the act of 1875, as being a suit in which there is a controversy between citizens of various states of the United States and a foreign citizen or subject, and where all the parties defendant have applied for the removal, and whers ��� �