Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Monaghan

Citations

• 140 Ill. 474
• 30 N.E. 869
• 1892 Ill. LEXIS 1152

Syllabus

<p>1. Removal of a cause—from Slate to United States court—parties ■■must he citizens of different States. To entitle the_ defendant in a suit brought in a State court, to remove the cause from the State court to the United States court for trial, under the act of March 3, 1887,- the ■controversy must be between citizens of different States. A petition for such removal is defective if it merely avers that the plaintiff was and is a resident of Illinois. It should1 aver that he was and is a citizen of Illinois.</p> <p>2. Same— bond must be filed. To entitle a party to remove a cause from the State court to the Circuit Court of the United States, he is required to make and file with his petition a bond, with good and sufficient security.</p> <p>3. Same—affidavit of surety on bond—whether sufficient. An affidavit of a surety in a bond given on application to transfer a cause from the State to the Federal court, stated that “he is worth the sum of $2000 over and above all of his exemptions of every kind, and over and above all of his liabilitiesHeld, insufficient, as it fails to state that -the surety has any property subject to execution in the district, in the State, or that he is a resident of the State.</p> <p>4. Juey—separation before return of verdict. A jury in a civil action, about ten o’clock P. M\\, agreed upon and signed their verdict, and, without any stipulation or order of court, put the verdict in an unsealed envelope and gave it to the bailiff in charge, and separated. On the next forenoon the bailiff returned the verdict to the clerk of the court. Defendant objected to it because not sealed up, whereupon the court, at plaintiff’s request, ordered the jury to be polled, when it appeared that one of the jurors had gon e home by leave of the court. The jurors were ordered to be present on the next day, when the jury were again called, and the court directed them to retire and consider their verdict. They returned the same verdict as before, and on being po