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Hale, Ayer & Co. v. B., C. R. & N. R. Co....

Tschergi & Schwinde, Bullock & Co. v......

CIRCUIT COURT, E. D. MISSOURI.

203

Clark County, Whitford v............

644, 837

345

Douglass, Milne v...

37

Ellerbe, In re...

530

CIRCUIT COURT, D. Iowa, C. D.

Fletcher v. New York Life Ins. Co.. 526 Gay v. Joplin..

650

Burham v. Fritz.

Gentry v. Grand View Min. & Smelt.

368

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Co... Grand View Min. & Smelt. Co., Gentry v..

.....544, 843

.544, 843

305

CIRCUIT COURT, D. Iowa, N. D. John V. Farwell & Co., Ohlquist v.. Ohlquist v. John V. Farwell & Co.. 305

CIRCUIT COURT, D. Iowa, S. D.

Hibernia Ins. Co. v. St. Louis & N. O. T. Co....

Joplin, Gay v.

Milne v. Douglass.

Harrison v. Union Pac. Ry. Co..... 52 Hawkins, Stinson v.....

833

516

650

37

New York Life Ins. Co., Fletcher v. 526

O'Brien, Phelan v.

656

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Phelan v. O'Brien.

656

250

St. Louis & N. O. T. Co., Hibernia

Ins. Co. v.

516

CIRCUIT COURT, D. Iowa, W. D.

Stinson v. Hawkins..

833

Stout v. Yaeger Milling Co....

802

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Union Pac. Ry. Co., Harrison v.

522

Percival v. McCoy..

379

Whitford v. Člark County...

.644, 837

....

Yaeger Milling Co.,

Stout v.........

802

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Sonoma County Tax Case, The..... 789 Whistler, The ......

295

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CASES

ARGUED AND DETERMINED

IN THE

United States Circuit and District Courts.

LAWRENCE V. NORTON and others.

(Circuit Court, N. D. Texas. 1882.)

1. REMOVAL OF CAUSE--QUESTIONS ARISING UNDER UNITED STATES LAWS. Where the petition of the plaintiff presents a question which arises under the laws of the United States, the cause is removable under section 2 of the act of March 3, 1875, without regard to the citizenship of the parties.

2. SAME--CONDITION IN MARSHAL'S BOND--SECTION 783, REV. ST.

Where the condition of a marshal's official bond is in strict conformity with the condition prescribed by section 783 of the Revised Statutes, and the exceptions filed raise the question of what is the proper construction of the condition, and the construction of the language of the section is brought in question, the cause is removable.

Heard on Motion to Remand.

The Revised Statutes of the United States, § 783, require that every marshal, before he enters upon the duties of his office, shall give bond, with two good and sufficient sureties, for the faithful performance of said duties by himself and his deputies.

In pursuance of this statute, A. Banning Norton, one of the defendants, having been nominated and appointed marshal of the United States for the northern district of Texas, executed his official bond, dated May 1, 1879, in the penalty of $20,000, with the other defendants as sureties, conditioned as required by the statute. During Norton's term of office, Lawrence, the plaintiff in this action, brought suit in the district court of Kaufman county, Texas, against v.13,no.1-1

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