« AnteriorContinuar »
6 Oakley v. Goodnow, 118 U. S. 43; Provident Sav. L. Assur. Society v. Ford, 114 U. S. 635; Carson v Dunham, 121 U, S. 421; Leather Manu. fasturers' Nat. Bank v. Cooper, 120 U. S. 778.
7 Quincy v. Steel, 120 U. S 211.
PETITION AND BOND.
[Under Act of 1875, reported in Removal Cases, 100 U. S. 463.)
In the Circuit Court of Delaware County, Iowa. THE DELAWARE RAILROAD CONSTRUCTION Co. vs. LEWIS
H. MEYER and WILLIAM DENNISON, Trustees. Now come your petitioners, Lewis H. Meyer and Wm. Dennison, trustees, and state:
That the Delaware Railroad Construction Company and all persons who have come in as intervenors in the above-entitled cause are citizens of the State Iowa; that Lewis H. Meyer is a citizen of the State of New York, and William Dennison a citizen of the State of Ohio.
That they have reason to believe and do believe that from prejudice or local influence they will not be able to secure justice, by reason of such prejudice or local influ
That said cause can be fully and finally determined in the United States circuit court for the district of Ohio.
That the amount in controversy in said cause amounts to inore than the sum of five hundred dollars, exclusive of costs, and they make and file in this court a bond, with good and sufficient security, for their entering in such circuit court, on the first day of its next session, a copy of the records in said suit, and for paying all costs that may be awarded by said circuit court, if said court shall hold that said suit shall be wrongfully or improperly transferred thereto, and also for the appearing and entering special bail in such suit, if special bail was originally requisite therein ; and they pray of said court to accept said petition and bond, and order the transfer of the said cause to the said circuit court of the United States.
This petition was not signed or sworn to, but was accompanied by a bond, as follows:
In the Circuit Court of Delaware County, Iowa. Know all men by these presents, that we, Lewis H. Meyer and William Dennison, principals, and John E. Henry and Charles Whitaker, as sureties, are held and firmly bound unto the Delaware Railroad Construction Company, and all other persons whom it may concern, in the penal sum of one thousand dollars, to which payment we bind ourselves and each of us by these presents. Given under our hands this fifteenth day of May, 1875.
The conditions of this obligation are these: The said Lewis H. Meyer and William Dennison have applied to the circuit court of said county to remove a certain cause pending in said court, wherein the Delaware Railroad Construction Company are plaintiffs, and the said Lewis H. Meyer, trustee, successor to John Edgar Thompson, and William Dennison, trustees, and many others are defendants, from the said circuit court to the circuit court of the United States for the district of Iowa:
Now if said Meyer and Dennison shall enter in the said circuit court of the United States for the district of Iowa, on the first day of the next term thereof, a copy of the record of said suit, and shall pay all the costs that may accrue or be awarded by said circuit court if it shall hold that said suit was wrongfully or improperly removed thereto, and shall also appear and enter special bail in said circuit court in said suit if special bail was originally required therein, then this obligation shall be void; otherwise, in full force. WILLIAM DENNISON and L. H. MEYER, Trustees.
By GRANT & SMITH, Their Att'ys.
BURKE VS. FLOOD.
(Reported 6 Sawy. 220.)
(Under first clause of sec. 2, Stats. 1875.)
In the District Court of the Twelfth Judicial District of the
State of California, in and for the City and County of
San Francisco. JOHN H. BURKE, Plaintif, vs. JAMES C. FLOOD, JOHN
W. MACKAY, JAMES G. FAIR, PACIFIC Wood, LUMBER, AND FLUME COMPANY, and the CONSOLIDATED VIRGINIA
MINING COMPANY, Defendants. To the Honorable the Twelfth District Court of the State of
Your petitioners, James C. Flood, John W. Mackay, James G. Fair, Pacific Wood, Lumber, and Flume Company, and the Consolidated Virginia Mining Company, respectfully show that they are the defendants in the above-entitled action, which was commenced on the day of October, 1878, and is now pending in the said court, and that at the time of the commencement of said action, the plaintiff, and also James C. Flood, the Pacific Wood, Lumber, and Flume Company, and the Consolidated Virginia Mining Company, three of the defendants named, were and still are, each and all of them, citizens and residents of the State of California; and the defendants John W. Mackay and James G. Fair were then and still are citizens and residents of the State of Nevada.
Your petitioners further state that in the complaint in said action it is alleged that the plaintiff is a stockholder in the Consolidated Virginia Mining Company, defendant, and that the defendants James C. Flood, John W. Mackay, and James G. Fair were formerly directors in the said corporation, and while acting in such capacity were guilty of various breaches of trust in making illegal
contracts on behalf of the corporation, for their own profit and advantage, and in wrongfully using and dealing with the corporate property, for their own private benefit; and that the Pacitic Wood, Lumber, and Flume Company, defendant, was at the time a corporation controlled by the said three defendants last named, and colluding and cooperating with them and each of them in the acts consti. tuting the alleged breaches of trust; and the relief sought is a recovery by the Consolidated Virginia Mining Company, defendant, against said other defendants, of the damages alleged to have been sustained by said Consolidated Virginia Mining Company, by reason of the alleged wrongful acts and breaches of trust charged in the complaint.
Your petitioners further state that the matter in dispute in said action exceeds the sum of five hundred dollars, exclusive of costs; that all of the defendants have appeared therein; but that the same has not been tried, nor has any answer been filed therein by any of the defendants, but the same is now pending on demurrer to the complaint.
Your petitioners further aver that the said suit is one in which there can be a final determination of the controversy so far as concerns the said John W. Mackay and James G. Fair, without the presence of either of the other defendants as parties in the cause, the Consolidated Virginia Mining Company, named as defendant, being in fact only nominally a defendant, against whom no relief is sought, and whose interest in the controversy, so far as any exists, is identical with that of the plaintiff.
Your petitioners further aver that the controversy in said suit, so far as it respects said John W. Mackay and James G. Fair, is wholly between citizens of different States, and can be fully determined as between them.
Your petitioners desire to remove the said suit into the circuit court of the United States for the District of Cali. fornia, in pursuance to the Acts of Congress in that behalf,