Empire Transportation Co. v. Richards Bros.

Citations

• 88 Ill. 404

Syllabus

<p>1. Removal of cause to Federal court— duty of State court to order when proper showing is made. Where a corporation, created and existing under the laws of another State, and having its principal office in another State, is sued in a court of this State, and, at the first term at which the cause could be tried, presents its petition for the removal of the cause to the Circuit Court of the United States, verified by affidavit, and accompanied by a bond, such as the act of Congress has prescribed, and no objection is raised as to the form of the bond or the sufficiency of the surety, it. is the plain duty of the State court to make the order for the removal.</p> <p>2. In such case, the sureties are not bound to justify until a rule to do so is laid upon theni, and in the absence of any objection to the bond it will be presumed to be sufficient.</p> <p>3. Same—who may approve the bond. If objections be interposed to the bond in the State court, it seems that court (has power to pass upon the sufficiency of the bond and to require proper sureties.</p>