CASES ARGUED AND DETERMINED IN THE uited States Circuit and District Courts. FREEMAN V. BUTLER. (Circuit Court, D. Kentucky. May 11, 1889.) 1. REMOVAL OF CAUSES-CITIZENSHIP-PETITION-AMENDMENT. Where neither the petition for removal of a cause from state to federal court on the ground of diverse citizenship, under the removal act of March. 1887, nor the record, shows that defendant was a non-resident of the state where the suit was brought at the time of filing the petition, the federal court does not obtain jurisdiction, and cannot allow the petition to be amended so as to give it jurisdiction. & SAME-REMAND. Where the federal court has remanded the cause because of the defective record and petition, an amended petition, filed in the state court, relates back to the time when the original petition was filed, and is in time if that was. 8. SAME. The federal court not having obtained jurisdiction, its order remanding the cause is no bar to a subsequent removal on the same transcript. 4. SAME-APPEAL. A petition for removal, filed in the state court on the earliest day possible, is an abandonment of a prior appeal from an interlocutory order which cannot be superseded, where the appeal does not appear to have been perfected. At Law. On motion to set aside a former order, and to file papers. A. P. Humphrey, for complainant. A. W. Sanders, for defendant. BARR, J. The defendant, Butler, on the 1st day of May, 1889, filed in this court a transcript of a record from the common pleas court of Knox county, state of Kentucky, in which J. T. Freeman was plaintiff, and the said Butler was defendant. Subsequently the plaintiff, Freeman, by counsel, entered his appearance in this court, and moved that the cause be remanded to the state court, from whence it had been removed. This court, after an examination of the transcript on file, and the hear v.39F.no.1-1 |