Ashe v. Union Cent. Life Ins.

Citations

• 115 F. 234
• 1902 U.S. App. LEXIS 4929

Syllabus

<p>1. Removal of Causes — Diversity of Citizenship — Notice of Application.</p> <p>Where, in an action commenced in a state court, a petition and bond for removal to the United States circuit court exclusively on the ground of diversity of citizenship are filed, no notice of the application for removal is required to be given to the plaintiff.</p> <p>2. Same — Order of Removal — Right to Review.</p> <p>Where, on the filing of a petition and bond for removal of an action from a state court to the United States circuit court on the ground of diversity of citizenship, the judge of the state court makes an order for such removal, tiie federal court has no right to review the order, and decide whether the judge had a right to sign it, especially as no order was necessary, the cause being removed ipso facto on the petition and bond being filed.</p> <p>8. Same — Foreign Corporation — Prohibition of Removal by State Laws.</p> <p>A corporation of one state, doing business in another state under license, cannot, by the laws of the latter state, be deprived of the right to remove to the federal courts actions against it commenced in the courts of the latter state.1</p> <p>4. Same — Bond — Execution by Attorney — Authority— Ratification —Motion to Remand.</p> <p>Where, on an application for removal of an action from a state to a federal court, the bond was executed by the attorney of defendant, who then had no power of attorney so to do, and before a motion to remand on the ground that the bond was void a power of attorney ratifying such act was filed, the motion should be denied.</p>