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ORDER OF REMOVAL.

In the Superior Court in and for the County of Marin, State of California.

WARREN DUTTON and A. D. MOORE, Plaintiffs, vs. JAMES D. WALKER, THOMAS MENZIES, and HENRY D. HARRISON, Defendants. No. 236.

On the pleadings and proceedings herein, and on the petition and bond filed herein by the defendants in the above-entitled action under the provisions of an Act of the Congress of the United States, passed March 3rd, 1875, entitled, "An Act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from State courts, and for other purposes," and on motion of W. H. L. Barnes, Esq., of counsel for defendants, it is ordered that the security offered by the said defendants James D. Walker, Thomas Menzies, and Henry D. Harrison be approved, and that the State court proceed no farther in the cause, and that this cause be removed into the circuit court of the United States for the Ninth Circuit, State of California.

Dated this 14th day of March, 1882.

THOS. J. BOWERS,

Sup. Judge.

UNDERTAKING.

Know all men by these presents, that I, James D. Walker, as principal, and J. A. Jones of the city and county of San Francisco, State of California, and F. R. Catton of the same place, as sureties, are jointly and severally held and firinly bound unto William Dutton and A. D. Moore, of the city and county of San Francisco, State of California, in the sum of five hundred ($500) dollars, for which well and truly to be paid unto the said William Dutton and A. D. Moore, their heirs, executors, administrators, and assigns, we bind ourselves our heirs,

executors, administrators, successors, and assigns firmly by these presents.

Sealed with our seals and dated this 18th day of February, A. D. 1882.

The condition of this obligation is such that if the said James D. Walker, Thomas Menzies, and Henry D. Harrison, defendants in a suit now pending in the Superior Court of the county of Marin, State of California, shall enter in the circuit court of the United States for the Ninth Circuit, District of California, on the first day of the next session thereof, a copy of the record in said suit; and shall pay all costs that may be awarded by said circuit court, if said court shall hold that said suit was wrongfully and improperly removed thereto; and shall also then appear and enter special bail in said suit, if special bail be requisite therein; and shall enter appearance of said James D. Walker, Thomas Menzies, and Henry D. Harrison in said court-then this obligation to be void; and otherwise to remain in full force and effect. In witness whereof the said obligors have hereunto set their hands and seals this eighteenth day of February, A. D. 1882.

JAS. D. WALKER. [SEAL.]
J. A. JONES.

F. R. CATTON.

STATE OF CALIFORNIA,

CITY AND COUNTY OF SAN FRANCISCO.

}

SS.

[SEAL.]

[SEAL.]

On the eighteenth day of February, A. D. one thousand eight hundred and eighty-two, before me, Geo. T. Knox, a notary public in and for said city and county, residing therein, duly commissioned and sworn, personally appeared James D. Walker, J. A. Jones, F. R. Catton, known to me to be the persons described in, whose names are subscribed to, and who executed the within instrument, and they duly acknowledged to me that they executed the same.

In witness whereof, I have hereunto set my hand and

affixed my official sea!. at my office in the city and county of San Francisco, the day and year last above written. GEO. T. KNOX,

[SEAL.]

Notary Public.

COUNTY CLERK'S OFFICE, STATE OF CALIFORNIA,
COUNTY OF MARIN.

I, Geo. W. Davis, county clerk of the county of Marin, State of California, and clerk of the Superior Court, do hereby certify that I have compared the foregoing copy of the original undertaking on removal of cause in the within-entitled cause, and of the indorsements thereupon, with the original records of the same remaining in this office, and that the same is a correct copy thereof, and of the whole of said original record.

Witness my hand an the seal of said court this 14th day of March, 1882.

[SEAL.]

GEO. W. DAVIS, Clerk.

By D NIEL T. TAYLOR, Deputy Clerk.

NOTICE OF REMOVAL.

UNITED STATES OF AMERICA.

Circuit Court of the United States for the Ninth Circuit, District of California.

WARREN DUTTON and A. D. MOORE, Plaintiffs, vs. JAMES D. WALKER, THOMAS MENZIES, and HENRY D. HARRISON, Defendants.

TO HOSMER P. McKooN, Esq., Plaintiffs' Attorneys.

You will please take notice that on Tuesday, the 14th day of March, 1882, by an order of the Superior Court of the county of Marin, State of California, this cause was duly transferred to the circuit court of the United States for the Ninth Circuit, District of California.

W. H. L. BARNES,

SAN FRANCISCO, March 16th, 1882.

Defendants' Attorney.

INDEX.

Action against joint tort-feasors, p. 262, s. 96 a.
by alien against civil officer, p. 52, s. 43; p. 61, s. 53.
by attorney to recover fees, p. 179, s. 93 f.

cannot be removed after jury sworn, p. 338, s. 105 m.
founded on tort, p. 149, s. 89 c.

on joint liability not removable, p. 262, s. 96 t.
on mortgage bond, p. 152, s. 89 d.

on negotiable instruments, p. 148, s. 89 c.
petition for removal of, p. 53, §. 45.

to enforce joint liability, p. 219, s. 95 1.
transitory, p. 91, s. 73 a.

under statutes, p. 104, s. 73 1.

under treaty, p. 103, s. 73 1.

Administrator, selection of, in other State, p. 97, s. 73 e.
suit against, p. 122, s. 75 d.
Admiralty, arrests made in, p. 124, s. 76 c.
jurisdiction concerning, p. 7, s. 3 a; p. 13, s. 4 c.
no jury trial in, p. 29, s. 28.

Affidavit for removal on grounds of prejudice and local
influence, p. 294, s. 98 j.

Alabama, offenses committed in, p. 128, s. 82.
Aliens. See REMOVAL; CORPORATIONS; CITIZENSHIP.
action against by citizens, removable, p. 53, s. 45.
action against by civil officers, removable, p. 53, s. 44.
action against, petition for removal of, p. 53, s. 45.
action by against civil officers, p. 52, s. 43; p. 61,
s. 53.

Act of March 3, 1875, what repealed, p. 53, s. 45

note.

alien executor, p. 9, s. 3 c.

alien landholder, right of to sue, p. 9, s. 3 c.

alien legatee, p. 9, s. 3 c.

alien parties, status of, p. 8, s. 3 b.

amount in dispute, p. 53, s. 44.

Indian tribe not, p. 8, s. 3 b.

may sue in Federal courts, when, p. 9, s. 3 c.

DESTY REMOVALS.-37.

Aliens-Continued.

resident may sue citizen, p. 9, s. 3 c.
when cannot be sued, p. 132, s. 83 a.
who are aliens, p. 8, s. 3 b.

Alimony, action to enforce single controversy, p. 267,

s. 96 u.

amount in suit for uncertain, p. 189, s. 93 1.
suit for not removable, p. 265, s. 96 t.
Amount in dispute. See CONTROVERSY.
criterion for determining, p. 109, s. 73 r.
how determined, p. 108, s. 73.

how may be shown, p. 107, s. 73 p.

marriage contract, question concerning, p. 110, s. 73 r.
matters of pleading, p. 107, s. 73 p.

several lots, aggregate value governs, p. 109, s. 73 r.
specific performance, p. 110, s. 73 r.
subscriptions, p. 109, s. 73 g.

suit for alimony, p. 189, s. 93 1.

uniting of interests may constitute, p. 107, s. 73 p.
Ancillary jurisdiction of Federal courts, p. 273, s. 96 z.
Ancillary proceedings, garnishment, p. 269, s. 96 x.
Appeal, death of party before, p. 81, s. 65.

Appearance cannot be entered nunc pro tunc by court,
p. 336, s. 105 1.

of landlord, p. 335, s. 105 1.

order extending time equivalent to, p. 336, s. 105 1.
petition to be filed upon, p. 335, s. 105 1.
undertaking an arrest not, p. 335, s. 105 1.
what is, p. 335, s. 105 1.

what is not, p. 336, s. 105 1.

Application for removal. See REMOVAL.

in equity cases, time for, p. 342, s. 105 o.

loss of right to one affects all, p. 342, s. 105 o.
may be made at different times, pp. 335, 337, s. 1051.
party not previously in court may make when, p. 347,
s. 105 p.

right of, how may be lost, p. 335, s. 1051.

right waived by pleading in State court, p. 335, s.

105 1.

to be made before trial begins, p. 346, s. 105 p.
too late after verdict of jury, p. 347, s. 105 p.
under acts of 1866 and 1867, p. 337, s. 105 m.

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