Groton Bridge & Manufacturing Co. v. American Bridge Co.

Citations

• 137 F. 284
• 1905 U.S. App. LEXIS 5223

Syllabus

<p>1. Federal Courts—Removal op Causes—Petition—Presentation.</p> <p>Under Removal Act Aug. 13, 1888, e. 866, § 3, 25 Stat. 435 [U. S. Comp. St. 1903, p. 510], requiring the party entitled to remove the cause to make and file a petition in the suit in the state court, and make and file therewith a bond, with good and sufficient surety, conditioned as named, etc., it is not necessary that the petition be presented to a judge of tae state court holding or sitting in open court, or to a court in session, or that an order be made by the court permitting the filing of the petition or directing the removal; but it is sufficient if the petition is presented to a judge in chambers, with the bond, and, after approval of the bond, the petition and bond are filed with the clerk of the court of the county where the venue was laid.</p> <p>2. Same—Bond—Presentation.</p> <p>While a removal bond should be presented to the judge of the state court for approval of the surety, the arbitrary refusal of the judge to approve a surety will not prevent the removal, the removing party then being entitled to file the bond and petition, procure the filing of the record on removal, and proceed in the federal Circuit Court, subject to a motion to remand for insufficiency of the surety.</p> <p>3. Same—Petition—Verification.</p> <p>A petition for the removal of a cause to the federal court is not fatally defective for want of a verification where the ground of removal is not prejudice or local influence, or the denial of equal civil rights, and the case is not a suit or prosecution against revenue officers.</p> <p>4. Same—Signing.</p> <p>Where the petitioner for the removal of a cause to the federal court signed the petition, it was not necessary that he should sign the verification, certified by the notary public as having been sworn to before him.</p> <p>5. Same—Removal Bond.</p> <p>Where a removal bond was signed by a surety, it was not defective because it was not signed by the defendant, and