Weed Sewing Machine Co. v. Smith

Citations

• 71 Ill. 204

Syllabus

<p>1. Federal court—removal of cause. If the petition and affidavit of a defendant for the removal of a cause from the State to the United States court, fails to show that the plaintiff, at the time of the commencement of the suit, was a citizen of this State, and that the defendant was a citizen of another State, there will be no error in refusing to transfer the cause. An affidavit showing such facts at the time of its filing, is clearly defective, under the act of Congress of 1867.</p> <p>3. Same—bond of petitioner for removal to United States Court, with sureties, must be filed with petition. The act of Congress of 1867, relating to the removal of causes from the State to the federal courts, requires the petitioner to file a bond, signed by himself, with the petition, and proof should be made of the sufficiency of the sureties. If the bond filed is signed by strangers only, and no proof offered of the solvency of the sureties, there will be no error in refusing to transfer the cause.</p>