, 1873-10-25

1oct tho rndnoy and That Emory DO also snjo,ne from

1eet Tho money, and that Emory DO also enjonod from
bad ~ to rlce a. nonresident. pofundants failing
70 mako annwor, dooree VA rendered. at she MnJ
hbili. .nd RECURRING Emery to pa1 tho taonoy Iii his
rice q .as @ . sstps I e
bo permitted TO make Answer TO the bill and dofond,
and that to thIs end fhe doeroe 10 yet aade etc. Tho
my ansi decree sha Ia entered aaanst any defendant
who shall not havo been aorvod win copy OF tho bs3
and sucM retsbn shall within ono year after notice ii,
%rtting gison him Of such decree, or no notice shall
yt osSn sen e9r ., n
md n1all pay suc coets tho Court shall deem
enable In tat bohalf, tho person 10 petitionn8 ay
upon such proceeding p1a 10 lad a. il liz defendant
had appeared In duo season and no decrcc had beeh
oaa sss
fendant tho sane may be sgt aside, altorcd or amond-
ed ~ shall hppcar Just otherwise tho same shal 10
etc." 0'0~'>> --'>' ''~-~''>''
Tho petitioner Tice having brought himacf within
eopt Il the parsiausr Of settins asdo tho deorao
TINT can only bo done on the =. hearing"
Having fied his snsEer to tho III defendant Tico
ler tne act Of Congress q July A. 1906 This act, IN
Court where the mattor in dispute exceods $500 ex
elusive Of costs, has been instituted by resident
agai'nst non.resldent citizen for tes parnose Of re-
In which there can DO fnul determination Of tho
controversy 20 far ~ It concerns him without tho
dofendant may, at any time before the trial final
hearing Of the cause Ne petition for tho 5omoval q
The petition bcfore mo contains much which Ia ex.
traneous to The application hut Is substantially sufll
provided tho case In is present posture ia ono which
the aot Of Congress contemphtes can bo removed to
tho Tsae Tn bill II a BY rGe n
sovcray o1ceods $500 exclusive Of conts" Nor can
determination Of tho controversy far It
Ticc. thout tho presence OF the other defendant"
Tho bill shows that the real controversy Ia between
Farrell and Tice,-the money having been depoaited
With Emery for Tices benefit.
It does not appear that Emory is essential party
u a. final determination +" Of tho againat Fur
rell, however necessary q party Emory may bo IN
but hs custodian oi s fam e omnorah *
which Is IN contest between the Other uuguns. The
substance q tho controversy y therefore, between
be fully made without tho presence Of tho other do
fendant as party in tho cauac.
which forhis its rnoval 70 the Federal Court
Docs tho fact that decrte has been rendered prevent
~ We're the cause to remain here, T!cs, noswith:
standing the decrce, would, by virtue Of tho statute
fully as though no decrse had been made" Wills
the decree In form Is final decree aud Ia not techn-
caliy got aside, et under the protection Of tho stat
ute Tice s permitted to make hia full defense to the
barrass future proceedings IN tho caao 40 far 1t loast
AZ he Ia conccrned. .. ..,
Tho act Of 1870 quoted further provides that "ths
Of, II not set aside in manner aforesaid, bo deemod
aud adjuged confirmed; aud, at the end Of tho three
prcsca us Hall bo required to carry The aame into
ctct." So that not titil throo ycars from tho date
Of rendering Tie docrco does 1t become final Is sganat