CONTEMPT FORM IX.-WRIT OF ATTACHMENT AGAINST The President of the United States of America to the Marshal of the GREETING: We command you, that you attach Leslie Jones, if he be Witness, the Honorable Learned Hand, Judge of the District Court of the United States for the Southern District of New York, this day of A. D. 19-, and of our Independence the [Court Seal.] ALEX. GILCHRIST, JR., Clerk. 1 FORMS UPON REMOVAL OF CAUSES REMOVAL FORM I.-NOTICE OF APPLICATION FOR REMOVAL. Supreme Court, County of New York. JOHN STILES, Plaintiff, against JOHN ROE, Defendant. Sirs: Please Take Notice, that on Monday, October 13th, 1913, at half past ten o'clock in the morning of that day, I shall file in the clerk's office of the Supreme Court in and for the County of New York, the petition of which a copy is hereto annexed, for a removal of the above-entitled cause to the District Court of the United States for the Southern District of New York; and that I shall also then and there file the bond, of which a copy is hereto annexed; and at the same time, or as soon thereafter as counsel can be heard, I shall request for the approval of the said bond at Special Term, Part I. of the said Court; and that I shall then ask for such other and further relief in the premises as may be just. Dated, New York, October 8th, 1913. MESSRS. BROWN & JONES, 55 Liberty Street, Yours, &c., WHITE & BLACK, Attorneys for Petitioner, Defendant, Borough of Manhattan, City, County and State of New York. Borough of Manhattan, City and County of New York. REMOVAL FORM II.-PETITION FOR REMOVAL FOR DIFFERENCE OF CITIZENSHIP. Supreme Court, County of New York. JOHN STILES, Plaintiff, against ROBERT ROE, Defendant. To the Honorable the Supreme Court of the State of New York, held in and for the County of New York: Your petitioner respectfully shows to this Honorable Court that the matter and amount in dispute in the above entitled suit exceeds the sum or value of [three thousand dollars], exclusive of interest and costs. That the controversy in said suit is, and at the time of the commencement of this suit was, between citizens of different States, and that your petitioner, the defendant in the above-entitled suit, was at the time of the commencement of the suit, and still is, a resident of and a citizen of the city of Boston, in the County of Middlesex, in the State of Massachusetts, and a non-resident of the State of New York, and that the plaintiff, John Stiles, was then, and still is, a resident and citizen of the city, county, and State of New York. And your petitioner offers herewith a good and sufficient surety for his entering in the [District] Court of the United States for the Southern District of New York, thirty days from the date of filing this petition a certified copy of the record in this suit, and for paying all costs that may be awarded by said [District] Court, if said court shall hold that this suit was wrongfully or improperly removed thereto. And he prays this Honorable Court to proceed no further herein except to make the order of removal required by law, and to accept the said surety and bond, and cause the record herein to be removed into said [District] Court of the United States in and for the Southern District of New York; and he will ever pray. WHITE & BLACK, Petitioner's Attorneys, 206 Broadway, New York, N. Y. City and County of New York. ROBERT ROE. Robert Roe deposes and says: I am the above-named petitioner. The foregoing petition is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. ROBERT ROE. Sworn to before me, this 18th day of January, 1913. SYLVANUS BROWN, Notary Public, [L. S.] On this 18th day of December, 1889, in the City and County of New York, before me, a notary public, in and for the City and County of New York, personally appeared Robert Roe, to me known to be the individual who executed the foregoing petition, and then and there acknowledged to me that he had executed the same. SYLVANUS BROWN, Notary Public, [L. S.] REMOVAL FORM III.-PETITION FOR REMOVAL BECAUSE CASE ARISES UNDER CONSTITUTION OF THE UNITED STATES. [This case in which the author was counsel for defendant was remanded. 106 Fed. 771.] PETITION FOR REMOVAL OF SUIT TO UNITED STATES CIRCUIT COURT FOR THE DISTRICT OF KANSAS. To the Honorable, the District Court of Bourbon County, State of Kansas: Your petitioners, the Missouri, Kansas & Texas Railway Company and The Kansas City & Pacific Railroad Company, specially appearing for the sole and single purpose of presenting this petition and for no other purpose, respectfully show that they are defendants in the above-entitled suit, and that the same was commenced on the 6th day of April, 1898, by Mary P. Stevens and Frederick C. Stevens, as executors of the last will and testament of Robert S. Stevens, deceased, as plaintiffs, against your petitioners as defendants; that at the time of the commencement of said action the plaintiffs were and still are residents and citizens of the State of New York; that your petitioners are each incorporated under the general laws of Kansas providing for the organization and incorporation of railroad companies, and were, at the time of the commencement of said action, and still are, residents and citizens of the State of Kansas. Your petitioners further show that this action was brought for the purpose of permanently restraining and enjoining your petitioners from effecting and perfecting a consolidation under the laws of the State of Kansas, to wit: Article 3, of Chapter 70 of General Statutes of Kansas 1897. And your petitioners further show that the matter in dispute exceeds the sum of two thousand dollars, exclusive of costs and interest. And your petitioners further show that this is an action of a civil nature wherein the powers of a court of equity are invoked by the plaintiffs, and is one arising under the constitution and laws of the United States as appears from plaintiffs' petition. The petition of plaintiffs shows that plaintiff's claim that the consolidation of the defendants under the Kansas statute of consolidation will take their stock in the Kansas City & Pacific Railroad Company without due process of law, and will annul and impair the vested rights of the plaintiffs and other stockholders in each of the defendant companies, and will annul and impair the obligation of the lease between the railroad companies and deprive the stockholders of The Kansas City & Pacific Railroad Company and the company itself of the benefits and profits of such lease, and will relieve the Missouri, Kansas & Texas Railway Company of the observance of the lease and prevent The Kansas City and Pacific Company paying to its stockholders dividends out of moneys arising from the lease, and these results the plaintiffs claim cannot be effected by such consolidation pursuant to said statute, because the railroad companies were organized and their stock subscribed for before the passage of the act of consolidation as it now stands in the statutes of Kansas, thereby claiming and intending to claim that the statute of consolidation is void and in conflict with the constitution and laws of the United States, notably the 14th amendment to the constitution of the United States and Section 10, Article 1, of said constitution. Your petitioner further states that they desire to remove the same to the Circuit of the United States for the District of Kansas, in pursuance of the acts of Congress in such cases made and provided. And your petitioners further state that they offer herewith a good and sufficient surety for their entering in the Circuit Court of the United States for the District of Kansas, on the first day of its next session, a copy of the record in this suit and for paying all costs that may be awarded by said Circuit Court if said Court shall hold that this suit was wrongfully or improperly removed thereto. And your petitioners pray this Honorable Court to proceed no further herein except to make the order of removal required by law and to accept the said surety and bond and to cause the record herein to be removed into said Circuit Court of the United States for the District of Kansas, and they will ever pray. MISSOURI, KANSAS & TEXAS RAILWAY COMPANY, T. N. SEDGWICK, of lawful age, being first duly sworn, upon oath, deposes and says that he is attorney for the defendants in the above-entitled |