Page:Federal Reporter, 1st Series, Volume 7.djvu/278

 266 FEDERAL REPORTER. �New Tork, and that the defendant John S. Schultze, also a qualifled exec- uter of the last will and testament of James Brown, deceased, was then and Btill is a citizen of the state of New Jersey." �Among the signatures to the petition are these: �"James M. Brown, George H. Brown, John Crosby Brown, Howard Potter, by James M. Brotfn, attorney, John 8. Schultze, as the qualitied executors of the last will and testament of James Brown, deceased," — the names being under each other, and included in a bracket at the left of said designation ; also " Trenor W. Park, by J. G. McCulfough, his attor- ney;" also " Isaac Seligman, by Joseph Beligman, attorney;" alao " Leopold Seligman, by Joseph Seligman, attorney;" also "Henry Seligman, by Joseph Seligman, attorney;" also "Abraham Seligman, by Joseph Selig- man, attorney ;" also " William Seligman, by Joseph Seligman, attorney ;" also "A. A. Selover, by Billings & Cardozo, attorneys;" also " W. Watts Sherman, by Bristow, Peet, Burnett & Opdyke, attorneys ;" also "G«orge H. Brown ;" also "John Crosby Brown." The petition was sworn to by the defendant Park. �The condition of the bond offered to the state court is — �That the obligation shall be void " if the said petitioners shall enter in the said circuit court of the United States, on the flrst day of its next ses- sion, a copy of the record in said suit, and shall well and truly pay all costs that may be awarded by said circuit court of the United States, if said court shall hold that said suit was wrongf ully or improperly removed thereto, and do or cause to be donc such other and appropriate acts as, by the acts of congress approved March 3, 1875, and other acts of congress, are required to be doue upon the removal of a suit into the United States circuit court from a state court." �The bond is not acknowledged or proved. �On the twenty-first of October, 1879, the state court made an order in the suit. The title of the suit in the order gives the names and designations of the defendants as in the title to the summons and the complaint. It says : �"A petition having been duly made and flled in this suit by the several defendants" — namingthe petitioners by the same namea and designations as in the body of the petition — "on this twenty-tirst day of October, A. D. 1879; praying for the removal thereof into the circuit court of the United States for the southern district of New York, and said defendants and petitioners having duly made and flled therewith a bond, with good and sufflcient surety, for their entering in such circuit court, on the flrst day of its next session, a copy of the record in this suit, and for paying all costs that may be awarded by the said circuit court if said court shall hold that this suit was wrongfully or improperly removed thereto, and for doing such other and appropriate acts as required pursuant to the statutes of the United States in such case made and provided, now, upon motion of John O. McOullougli, Esq., of counsel for the petitioners, it is deolared that it ��� �