United States Savings Institution v. Brockschmidt

Citations

• 72 Ill. 370

Syllabus

<p>1. Removal op causes from State to Federal courts. A petition by a plaintiff to remove a cause from the State to the Federal court, -which does not state that he was, at the time the suit was instituted, a citizen of a State other than the one in which the suit was brought, is defective, and does not entitle the party to the removal.</p> <p>2. If a parly desires the removal of a cause from a State to a Federal court, it is his duty to present his petition before the cause is reached for trial, and the court is under no obligation to delay a trial to enable him to prepare a petition for that purpose.</p> <p>3. Practice—dismissing suit where there is a plea of set-off. It is a matter of discretion with the court, whether it will permit the plaintiff to dismiss his suit, where there is a plea of setoff, after the evidence is all heard, and before the jury retire.</p>