Loop v. Winters' Estate

Citations

• 115 F. 362
• 1902 U.S. App. LEXIS 4936

Syllabus

<p>1. Removal of Causes — Motion to Remand — Presumptions.</p> <p>The jurisdictional facts set out in a petition for removal must be presumed to be true on a motion to remand unless evidence is introduced to contradict them, or the record shows something to the contrary.</p> <p>2. Same — Removal Bond — Necessity of Seal.</p> <p>A seal is not essential to the validity of a removal bond, where the use of a seal is declared unnecessary by the statutes of the state.</p> <p>3. Same — Order of Removal.</p> <p>It is not essential to the removal of a cause that an order therefor should be made by the state court; the filing of a sufficient petition and bond effects the removal without any action of the court.</p> <p>4. Same — Parties.</p> <p>The joinder, as defendant, of the estate of a deceased person and the executor of his will, is ineffectual, and will not prevent a removal by other defendants, where the petition for removal alleges that the person named as executor has not qualified as such, and that no letters testamentary or of administration have been issued on the estate.</p> <p>5. Same — Formal Defendants.</p> <p>Defendants sued by fictitious names will be regarded as merely formal parties, whose presence does not affect proceedings for the removal of the cause.</p> <p>6. Same.</p> <p>The right of removal by nonresident defendants is not affected because one named as a defendant in the capacity of executor, and who is a citizen of the same state as plaintiff, joins in the petition for removal, where the petition shows that he is not in fact executor, and is not, therefore, before the court as a party.</p>