Imágenes de páginas
PDF
EPUB

any action commenced in any action commenced in a State court the title of a State court the title of land be concerned, and land be concerned, and the parties are citizens the parties are citizens of the same State, and of the same State, and the matter in dispute ex- the matter in dispute exceed the sum or value of ceed the sum or value of five hundred dollars ex- two thousand dollars exclusive of costs, the sum clusive of interest and or value being made to costs, the value being appear, one or more of made to appear, one or the plaintiffs or defend- more of the plaintiffs or ants, before the trial, defendants, before the may state to the court, trial, may state to the and make affidavit, if court, and make affidavit the court require it, that if the court require it, he or they claim, and that he or they claim shall rely upon a right and shall rely upon a or title to the land under right or title to the land a grant from a State, under a grant from a and produce the original State, and produce the grant, or an exemplifi- original grant, or an excation of it, except where emplification of it, exthe loss of public records cept where the loss of shall put it out of his public records shall put power or their power, it out of his or their and shall move that any power, and shall move one or more of the ad- that any one or more of verse party inform the the adverse party incourt whether he or they form the court whether claim a right or title to he or they claim a right the land under a grant or title to the land under from some other State, a grant from some other the party or parties so State, the party or par

[ocr errors]

as

remove

required shall give such ties, so required shall information, or other- give such information, wise not be allowed to or otherwise not be al. plead such grant, or give lowed to plead such it in evidence upon the grant or give it in evi. trial; and if he or they dence upon the trial; inform that he or they and if he or they inform do claim under such that he or they do claim grant, any one or more

under such grant, any of the party moving for one or more of the party such information may moving for such inforthen, on petition and mation may then, on bond hereinbefore petition and bond, as mentioned in this act, herein before mentioned

the
cause for

in this act, remove the trial to the circuit court cause for trial to the cirof the United States cuit court of the United next to be holden in States next to be holden such district; and any

in such district; and any one of either party re- one of either party removing the cause shall moving the cause shall not be allowed to plead not be allowed to plead or give evidence of any or give evidence of any other title than that by other title than that by him or them stated as him or them stated as aforesaid as the ground aforesaid as the ground of his or their claim, and of his or their claim." the trial of issues of fact in the circuit courts shall, in all suits except those of equity and admiralty and maritime jurisdiction, be by jury.

(Sec. 3 Act of March 3, 1875.)

Note.—The third section of the Act of 1875 is but modal and formal, and though obligatory, may to a certain extent be waived. (Ayers v. Watson, 113 U. S. 594 )

Further provisions of the act of 1875 are as follows:

$ 60. Process, not affected by.—That when any suit shall be removed from a State court to a circuit court of the United States, any attachment or sequestration of the goods or estate of the defendant had in such suit in the State court shall hold the goods or estate so attached or sequestered to answer the final judgment or decree in the same manner as by law they would have been held to answer final judgment or decree had it been rendered by the court in which such suit was commenced. And all bonds, undertakings, or security given by either party in such suit prior to its removal shall remain valid and effectual, notwithstanding said removal. And all injunctions, orders and other proceedings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the court to which such suit shall be removed. (Sec. 4 of Act of March 3, 1875; Rev. Stats. sec. 616.) § 61.

Dismissal, when.—That if, in any suit commenced in a circuit court, or removed

[ocr errors][ocr errors]

from a State court to a circuit court of the United States, it shall appear to the satisfaction of said circuit court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no farther therein, but shall dismiss the suit or remand it to the court from which it was ren

removed, as justice may require, and shall make such order as to costs as shall be just. But the order of said circuit court dismissing or remanding said cause to the State court shall be reviewable by the Supreme Court on writ of error or appeal, as the case may be. (Sec. 5 of Act of March 3, 1875; Rev. Stats. secs. 690-701.)

$ 62. Proceedings.—That the circuit court of the United States shall, in all suits removed under the provisions of this act, proceed therein as if the suit had been originally commenced in said circuit court, and the same proceedings had been taken in such suit in said circuit court as shall have been had therein in said State court prior to its removal. (Sec. 6 of Act of March 3, 1875.)

[ocr errors]

$ 63. Time to file application-Misfeasance of cierk–Certiorari.—That in all causes removable under this act, if the term of the circuit court to which the same is removable, then

next to be holden, shall commence within twenty days after filing the petition and bond in the State court for its removal, then he or they who apply to remove the same shall have twenty days from such application to file said copy or record in said circuit court and enter appearance therein; and if done within said twenty days, such filing and appearance shall be taken to satisfy the said bond in that behalf.

That if the clerk of the State court in which any such cause shall be pending, shall refuse to any one or more of the parties or persons applying to remove the same a copy of the record therein, after tender of legal fees for such copy, said clerk so offending shall be deemed guilty of a misdemeanor, and, on conviction thereof in the circuit court of the United States to which said action or proceeding was removed, shall be punished by imprisonment not more than one year, or by fine not exceeding $1,000, or both, in the discretion of the court.

And the circuit court to which any cause shall be removable under this act shall have power to issue a writ of certiorari to said State court commanding said State court to make return of the record in any such cause removed as aforesaid, or in which any one or moro of the plaintiffs or defendants have complied with the provisions of this act for the removal of the same, and enforce said writ according to law.

And if it shall be impossible for the parties or persons removing any cause under this act, or complying with its provisions for the removal thereof, to obtain such copy, for the reason that the clerk

« AnteriorContinuar »