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Decedent.

Citizenship of, not controlling upon question of Federal jurisdiction
in suit brought by executor or administrator. § 134.

Decedent's Estate.

Administration of. §57.

Claim against, within Federal jurisdiction. §58.

Deceit.

Action of, against officers of National bank,-removability of. §111.
Declaration.

Of the plaintiff.

Must disclose Federal question to make a suit removable therefor.

§ 101.

Must plead facts, not merely conclusions of law, authorizing Circuit
Court to take jurisdiction for Federal question. § 102.
Need not allege Federal origin of corporation. § 106.

Determines whether suit embraces a separable controversy. §141.
Time to file answer to, limiting time to remove,-original meant.
§ 157.

Exception created by Courts. § 157.

Allegations of, may aid defective petition for removal. § 159.

Of party.

Competent evidence upon question of citizenship. §120.

Of intention to become citizen.

May be made before clerk or in open court. §118, note 6.

Does not make an alien a citizen. §118, note 6; §123, and note

11.

Alien soldier need not make until he applies for admission. § 118,

note 7.

Alien who has resided in United States three years during minor-
ity may make at time of admission. § 118, note 10.

Decrees.

Suit to enjoin enforcement of several, held by different persons,—
amount in controversy. § 95.

Deed.

Amount in controversy in suit to cancel. § 87, note 4.

Deed of Trust.

Suit to foreclose,-no separable controversy. § 144.

Suit to cancel, with note secured thereby,—no separable controversy.
$144.

Default.

No right to remove a suit after. § 79.

Of part of defendants, not material in determining whether a suit em-
braces a separable controversy. § 141.

Defects.

In removal bond,-waiver of. § 176.

In copy of record of State court may be corrected,-not cause of re-
mand. § 181.

In return of service of process,-may be corrected in Circuit Court

after a removal. § 207.

Defence.

Statement by plaintiff of one anticipated, will not authorize a Circuit
Court to take jurisdiction of a suit by original process or by re-
moval, as a suit arising under Constitution, laws, or treaties of
the United States. § 101.

Under law of United States does not entitle defendant to a removal.
§ 107.

Separate, does not create a separable controversy. § 143.

Defendant, or Defendants.

Place where suable. § 6.

General statute granting right to remove.

§ 7.

Manner of removal by, under general statute. § 8.

Filing copy of record of State court in Circuit Court, see Copy of Rec-
ord of State Court.

Process against, in local actions. § 13.

Right of, to remove a suit not affected by venue of original action.
$ 65.

Need not file any pleading in State court before removal. § 78.

Joint or several character of liability of, as determining Federal juris-

diction. § 95.

Counter-claim filed by, not considered in determining amount in con-
troversy. $98.

When petition of, for removal should plead amount in controversy.
$ 99.

Cannot procure removal for Federal question by setting up facts in
pleadings or in petition for removal. § 101.

Citizenship of each and every one to be diverse from that of any plain-
tiff to make suit removable for diverse citizenship. § 130.

Right of removal confined to. § 148.

All to unite in petition for removal for Federal question. § 149.
All to unite in petition for removal for diverse citizenship. § 150.

One or more interested may remove a suit for a separable controversy.
§ 151.

If part only have been served with process or have appeared, they
may remove suit. § 158.

Need not personally sign removal bond. § 169.

Petition by, for removal of suit upon assigned chose in action. § 164.
Remedies of, for error of State court in denying a removal. § 180.
Duty to file copy of record of State court in Circuit Court.
$181.
Petition by, for removal for prejudice or local influence. § 185.
Prejudice or local influence between, not cause of removal.
Whether a single one may remove suit for prejudice or local influence.
§ 188.

§ 186.

Each must be a citizen of some State other than that in which a suit
is brought to make it removable for prejudice or local influence.
§ 189.

Right to remove suit under Rev. Stat., § 641. § 194.
Right to remove a suit under Rev. St., § 643. § 195.
Right to removal under Rev. St., § 644. § 196.

§ 197.

Right of removal by officer of either House of Congress.
May move to remand for want of jurisdiction. § 199.
Cannot take advantage of his own error or irregularity in removal
proceedings, not amounting to a want of jurisdiction. § 203.
May contest jurisdiction of State court over his person after removal
to Circuit Court. § 206.

New, may be brought in after a removal. § 207.

If not served in State court, is liable to service upon process issued
from Circuit Court after removal. § 207.

Not served in State court, may appear in Circuit Court, after removal,
without process. § 207.

Procuring a removal, may assign as error, upon appeal or writ of
error, that Circuit Court acquired no jurisdiction by the removal.
§ 210.

Deficiencies.

of statute for removals for prejudice or local influence. § 185.
Deficiency Judgment.

Prayer for, in foreclosure suit, against part of defendants, does not
make a separable controversy. § 144.

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Delaware.

One District, and times and place of holding Circuit Court. § 179,

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Hearing of, is a trial. § 187.

Denial of Removal.

Remedies of petitioner for error of State court. § 180.
Dependent Suit.

Not removable from State court. § 45.

May be brought in Circuit Court to make equitable defence available
to an action at law. § 208.

Deposition.

Right of Circuit Court to receive upon a hearing of petition for re-
moval for prejudice or local influence. § 190.

Taken in State Court,-a part of the record to be certified to Circuit

Court.

181.

When competent evidence in Circuit Court. § 208.

Deputy.

Suit against principal, an officer of United States, for compensation,
arises under contract, and not law of United States, and is not
removable. § 107.

Deputy Clerk.

Whether may act for clerk in a removal under Rev. St., § 643. § 195.
Deputy Revenue Collector.

Suit on bond of,-Federal jurisdiction. § 108.

Derivative Claim.

Covered by restriction of jurisdiction of suit to recover contents of
assigned chose in action. § 137.

Detainer.

Unlawful or forcible,-Federal jurisdiction. § 53, note 7.
Detinue.

Common-law action. § 53.

Different Matters.

May be joined in one suit to make the amount in controversy suffi-
cient for Federal jurisdiction. § 92.

Discovery, Bill of.

Subject of equitable jurisdiction. § 54.
Discovery of Instruments.

Subject of equitable jurisdiction. § 54.

Dismissal.

When suit should be dismissed for want of jurisdiction,-statute
quoted. § 10.

Circuit Court should not dismiss suit improvidently removed, but
should remand it. § 76.

Right of plaintiff to bring new suit, upon dismissal of suit begun in
State court and removed to Circuit Court. § 205.

Should not be entered in Circuit Court because process or return in
State court is defective. § 207.

Right of plaintiff to dismiss suit at law in Circuit Court governed
by State statute. § 208.

Dispensary Law.

Suit attacking validity of, arising under Constitution. § 103.
Disputable Jurisdiction.

Should not be entertained upon removal. § 39.

Dispute.

Concerning title, not proper to be considered in determining jurisdic-

tional value of land. § 87, note 12.

Disregarding Denial of Removal.

Party seeking removal may file copy of record of State court in Cir-
cuit Court, notwithstanding State court has denied a removal.
$ 180.

Distinction.

Between civil and penal cases. § 48.

Distress Warrant.

Amount in controversy. § 83.

District.

In what District suit is to be brought,-transitory actions. § 6 and

notes.

Local actions. § 13.

To what, suit is to be removed,-present general statute. § 7.

Former general statutes. § 7, notes 3, 6, 7.

Suit should be removed to that in which the suit is pending in the
State court. § 179.

List of Districts and Divisions. § 179.

Proper, in which to file petition for removal for prejudice or local in-

fluence. § 185.

Under Rev. St., § 641. § 194.

Under Rev. St., § 643. § 195.

District Attorney of United States.

Suit against, held removable as arising under law of United States.
§ 107.

District Court.

Established by original judiciary act. § 1.

Jurisdiction of civil suits of admiralty and maritime jurisdiction.
§ 62.

Time and place of holding several (but not all). § 179.

District of Columbia.

Citizen of, not citizen of a State. § 121.

Circuit Court no jurisdiction of suit by or against, on ground of di-
verse citizenship. § 121.

No right to remove a suit for prejudice or local influence. § 189.
Ditch.

See Drain.

Diverse Citizenship.

Constitutional provision quoted. § 2.

Original jurisdiction of Circuit Courts founded upon,-statutes
quoted. § 6 and notes.

Removal jurisdiction of Circuit Courts founded upon,-statutes
quoted. § 7 and notes.

Suit to collect taxes removable therefor. § 47.

Suit in which Federal jurisdiction is based on, must involve a sum or
value in excess of $2,000, to be removable. § 81.

General discussion. Ch. VIII.

The most common ground of removal. § 113.

An independent ground of removal. § 113, note 1.

General restrictions upon removals for. § 113.

Must exist both when a suit is begun and when removal is sought.
$135.

All defendants to unite in petition for removal for. § 150.

Pleading diversity of citizenship in petition for removal. § 159.

Of payee or original holder of note, both when suit begun and when
petition for removal filed. § 164.

See, also, Citizenship, Alien, Alienage.

Division.

Suit removable to Circuit Court held in Division in which suit is pend-
ing in State Court. § 179, and notes 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 26, 40.

List of Divisions. § 179.

As affecting time to file transcript from State court in Circuit Court.
$182.

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