The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1875-09-19
REMOVAL OF CAUSE TO FED
ERAL COURT.
The New Act Of Congress Con.
strued.
In the Circuit Court Of Alexander County
Iliinois-Septsmber Term. 1875.
mary y. Mayo vs.. n. StaRts Tay.
1Or, ct R1.

The opinion of the Court was dcliv-
cred by
". j. BAKER, Circuit Judge
This Is an action OF assumpsit COM
,ncnced in the Alexander county circuit
court by Mary n. Mayo against ). Stats
Taylor and Edwin Parsons. trustees OF
the Cairo City Property. The dcclara.
ton is based upon certain written con-
tracts alleged to have been executed.
jointly, by the defendants. The damages
claimed IN the declaration arc 100000.
A summons was issued rcturnablc to
this, the September, term OF court,
which was duly served upon ). Stats
Taylor, one OF the defendants, and re.
turned "not found" rs to the defendant
Parsons.
| \ motion was made early in the term
by the defendant Taylor, tor a continu-
| ancc 'fOr want OF service on the code
PENDANT Parsons.' This motion was
ovcrrulcd by the court, and, OH motion Of
the plaintiff, Il rnlc was entered upon the
defendant Taylor to plead to the declara-
ton.
ThcreupOn. the defendant Taylor filed
in the suit II petition for the removal of
the suit into the circuit court Of the
United States for the Southern District
of Illinois, and filed Herewith bond,
with good and sufficient surety, condi-
toned "a required by law. 1t is now
claimed by the attorneys for Taylor that
the suit no longer pending in this court;
that, from the moment the clerk placed
his file marks upon the petition and bond.
co Instant, this court was ousted of its
jurisdiction, that it can make no further
order In the case, and has no right under
the law to examine the petition and bond
filed IN the suit and pass upon the qucs-
ton as to whether they are in compile
ton, 1t Is claimed, can be passed upon
only by the Federal court. 1t Is also
claimed by the attorneys for defendant
Taylor that, even admitting the right OF
this court 20 judge as to the sufiicicncy
of the petition and bond, the petition
| and bond filed In this suit are such as
give the defendant Taylor :the right to
have the desired transfer.
The question now before the court is
as to the present status of this suit as to
the defendant Taylor.
The determination OF this question nee
cssarily requires consideration of the
provisions of the act OF congress OF
March 3rd, 1875, and discus sion a. 10
what is the correct practice in the re-
poval of suits, hereunder, from tho
state court TO the circuit court of the
United States.
The judicial power OF the United States
i; conferred and limited by Article Ill o
the Federal constitution, 1t extends. Sc
far as it has application or claim
of application to this case. ITO controvcr
sizes between citizens of different States.
The act of March 3D.. 1876, Is not Onl.
Il consolidation of all the several previ
Gus acts of congress upon the subject
the removal of cases from the State L
the Federal courts. but Is an extension o
the jurisdiction of the circuit courts o
the United States. This act Is OF so RI
cent q date that l. has not, rs yet, RI
ceived fixed and settled judicial coll
struction. So far as ] am advised, tn
case of Osgood vs.. the e.. ID. Il V. X. u
Co., ct al, In which two opinion
We're delivered by the learned and distir
guishcd Judge Drummond. is tn
only case In which this act has been Iud
ciallv considered.
| In that case the plaintiff filed bill !
the WIN county circuit court agains
the railroad company. and certai
other defendants to forcclose niortgag,
The court ordered an injunction and az
pointed receivers at the time the bill Wa
filed. After various other proceedings |
the case the court adjourned for the teru
On the 9ad day OF March, 1875, IN vaca
ton, petitions were filed III tn
suit, with the clerk Of the court, by III