Hayes v. Todd

Citations

• 34 Fla. 233

Syllabus

<p>1. An assignment of error submitted without argument will be as abandoned.</p> <p>'2. A petition for removal of a case from a State court into a United States Circuit Court, made by a non-resident defendant, need not state the citizenship of the plaintiff when the same clearly appears of record in the case.</p> <p>•3. A petition and bond upon an application to remove a case from a State court to a Federal court, are based upon a right purely statutory, and must in their terms strictly comply with the of the statute before the State court is ousted of its The State court has a legal discretion to decline to accept the petition and bond when they are not in compliance with the statutory requirements, and to retain jurisdiction of the case.</p> <p>4. Upon an application for removal of a case to the United States court, it is not necessary for the State court to make any order of removal. Upon the filing of the proper bond and petition the case is eo instanti removed; but until there is such a bond and petition filed the jurisdiction of the State court is</p> <p>5. The court below made an order upon an application for removal as follows: “Being satisfied that the party defendant is within the provisions of the statute of the United States providing for ■the removal of causes, and therefore entitled to the order prayed for, it is ordered that, upon petitioner's executing a good and sufficient bond as required by law. to be approved by the clerk of this court, it is ordered that the cause be transferred to the U. S. District Court at Tampa, Florida.'’ No bond, after the order, was filed that complied with the condition of the Held, That the order was inoperative to divest the State court of its jurisdiction, and that it was no error to afterwards rescind the same.</p> <p>43. A judgment will not be reversed because the court in its charge to the jury uses language that -is intemperate and seems to evince feeling m the matter, where there is no objection that the instruc