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 transfer of the case, the complete successor of the territorial court in which such action was pending at the time of the admission of this state into the Union; provided, the record, which closes with the filing of the request, discloses a proper case for transfer. All proceedings in the state court thereafter are coram non judice. Miller v. Sunde 1.

3. The filing of the request in open court, the attention of the court being called thereto, works an immediate destruction of the jurisdiction of the state court, and at the same moment vests such jurisdiction in the proper federal court. The only power that remains in the state court is to perform the merely ministerial act of making the formal transfer. Id.

4. The proper state court, however, is until such request the successor of the territorial court in which the case was pending. Id.

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The personal citizenship of an administrator, executor, trustee, or receiver determines the question of diverse citizenship, on which federal jurisdiction depends. Neither the fact that the representative was appointed such in the state of which the opposite party is a citizen, nor the fact that the beneficiary whom the representative acts for may be a citizen of the same state, affects the question. Id.

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Immaterial representations may be made material by agreement. ''Johnson v. Ins. Co. 167''.

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A contract, authorized by the inhabitants of a school district at a district meeting, to build a school house for an amount in excess of funds en hand or subject to collection for that purpose, and the amount that could be realized from the maximum tax which could be levied by the inhabitants for the current year and used for that. purpose, is void. Therefore, held, that such a contract, void because the