Page:United States Statutes at Large Volume 18 Part 1.djvu/186

 114 '1`rrm·: xm.——THE J UDlCIARY.———u. 7. 23 Ms-. 1842.v- motions orders, rules and other proceedings preparator to the hearin l8g;,“·2.;_l":’5i§;,§};; upon_their· merits, of all causes pending therein.  any judpeofgri 95, ,,_4’,,_ 181 ,,_ 333’ crrcurt court maj, upon reasonable notice to the parties, make, an direct and award, at chem er·s or rn the clerk’s office, and in vacation as well as rrr term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable, of course, according to the r·u es and practice of the court. llemoval of suits _ Sec. 639. Any suit commenced in any State court, wherein the amount ¤s;¤¤¤t¤|¤¢¤¤.$w·? rn dispute, exclusive of costs, exceeds the sum or value of five hundred —3;§e;§j,B§—& removed, for trial, into the circuit court, for the district where such suit 2q_,, ]2,,,_’;_ ,,_ ie rs pendrng,_next to be held after the filing of the petition for such re- 28§7 Jr;?, 183%% c. moval hereinafter mentioned, in the cases and in the manner stated in . V- » P- · is section. reg, ,,_ ]1’;§65g8}( first. Whrpr thelsurt against an alren, or rs by a crtrzen of the State 3 Mm-., 1875,c. w er·ein it is roug t an against a citizen of another State it may be 13l»G·]?»£g,;>;Iyh aeznpved op th: petition of such defendanfslilrzd in srgid State court at Emmuqui vi rme o en errng rslappearance rn sarr e cour· . D4 ,9P tn6g;, Second. When the-suit rs a inst an alien and a citizen of the State Gorrlgilv.Lbngsst, wherein it is brought, or is bgyua citizen of such State against a citizen }l?mg°:;·»M*;l;iinKfé of thetsams, pznd a citizen off anothfr rqtate, it may be so removed, as H _,,,,, PRL agarns sar a ren or citizen 0 anot er state upon the tition of such ,,_°g,,,,,-g,,,,,:, ig defendant, filed at any trnre before the trial or linal hearili; of the cause, l—low.,_137; Wood rf, so_far·_as it relates_to him, it is brought for the purpose of restraining
 * '50g'§1‘:,';;‘;‘;lQe_ ° dollars, to be made to appear to the satisfaction of said court, may
 * ,;;%*6*5;;]*3 Fan'; or enjornrng him, or rs a surt in which there can be a `nal determination

,8,,1*23 HOW; 484; ofhthedepntrioversy, so far as cor;)cerns him, wrthorrt the presence of the w,,,.,; ,,_ A,,',,,", other· e enr ants as parties in the cause. But such removal shall not City, 6 Wall., 139; take awaly or· prejudice the r·ight of the plaintiff to proceed at the same 2;;h'g’ll,a'·,,  time wrt the surt in the State court, as against the other defendants. I,,,,,¥,1,,,,c€ 6;, vj l`hrrd. When a suit rs between a citizen of the State in which it is w·,,;,rc,gw,||_,671; brought and a crtrzen of another State, it may be so renrovcd on the Rarlway Com. v. petrtron of the latter, whether he be plaintiff or defendant, tiled at any 2l%*_m&¥;· l?)?';;; trmebefore the trial or Final hearing of the suit, if, before or· at the time in ’,m   But],"' of trlrng said petrtron, he makes an files in said State corrr·t an aflidavit, r4ii¤,;;_,g;,g, gm stating that he has reason to believe and does believe that, from prejugltilgeesecrgrpg MB; dice or· local rnlluence, he will not be able to obtain justice in such State °· court. In order to such removal, the petitioner in the cases aforesaid must, g_g_, 463; g,,,,,],. at the time of filing hrs petition therefor-, offer in said State court W  CTo6repp864 goodlzprl sptlicrent surety for his entering in such circuit court, on the “F · · ·· i rst y o its session co ies of said process a inst him and of all [gdd ,,_ Tudor, 3 or rn sar cases w er·e a cr rzen o e e in w ic r the suit is br·ou t it  C. C., rs la defendant, copies of all process, pleadings, depositions, testimohy. L gu gigs,';:- and other proceedings rn the cause concerning or affecting the petitioner', lg; ,;*,0,,,,,,,] vj and also for·_hrs there appearing and entering pecial bail in the cause, Gordon, i Mmm, of special barl`was originally requisite therein. t shall thereupon be the g. 0., 2t17h Gp; v. duty of the State court to accept the surety and to proceed no further 26';$¤·w,,s'i_m ';· rn_the cause against the petitioner, and any bail that may have been mcg em 4 Mc; orwnall y taken shall be discharged. Lgg¤,563; Mcrmd hen the said copies are entered as aforesaid in the circuit court, the v. Dungtré, 5H1g;: cause shall there proceed rn the same manner as if it had been brought bmp". Mmhem there by original process, and the copies of pleadings shall have the R_R__BB,,,,ch_’84; same force and ellect, in everfy respect and for· every purpose, as thi! grim, .,_ New En. orrgrnalgileadings would have ad by the laws and practice of the courts gl¢;r;;lhSc(r3e»2·:C<mZi of such tate of the cause had remained in the State cour·t. Ba ’ ·.`ei’r»s as rr, 5 ear rr. c. c., 107; Sc oo. .ma ,sar¤ n. . . - Suétdillniv. Living 2nBlatch. ci C., 359; Sayles rlelzorthxesterlirellns. Cofql 21 ; Bristol r. Craprnan, 34 How. Pr., H0; Shelby r. Hoffman, 7 Ohio St., 450; In rg Turner, 3 Wall., Jr., 2o8; In rebrrard, 3 WaIl.,_Jr., 263; Ward v. Arredund, 1 Paine, 410; Mcvaughter •·.Ca¤uly, 4 McLean, 351; Spruggrns v. Counz Court, Cooke, 160; Gibson v. Johnson, Peters u. C., 44; Jersey r. Babcock, 4 Wash. . C. 344; Charter Oak lun. Co. z-. Star Ins. Co., 6 Blatch. C. C., 208; Roberts v. Nelson, 8 Blatch. C. C., 74; Beecher
 * V8*88}g·”· °l;0l plqdingsti dgpositipns, tesgmony} gpc} éigaer pr·o!Eg:e;lir;lgs iri the MUSE,