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SECTION 120. Citizen of United States must reside in some State to be
a citizen of a State.
121. Citizen of a territory or District of Columbia not a citizen
of a State.
122. Query as to citizenship of persons residing in forts, arse-
nals, etc.
123. Alienage of parties, and jurisdiction based thereon.
124. Citizenship of corporations has become a matter of im- portance.
125. A State is not a citizen.
126. Municipal corporations treated as citizens.
127. Citizenship of private corporation of a single State or
country.
128. Jurisdictional status of quasi-corporations, joint stock
companies and partnerships.
129. Unsatisfactory condition of the law as to jurisdictional
status of a corporation organized under the laws of two
or more States.
130. Citizenship of parties must fall strictly within statute to
make suit removable.
131. Fraudulent joinder of parties to prevent removal.
132. Citizenship of nominal or formal parties not to affect
right of removal.
133. Rearrangement of parties.
134. Personal citizenship of representative party controlling.
135. Diversity of citizenship must exist both when suit is
begun and when removal is sought.
136. A non-resident only can remove a suit for diverse citizen-
ship.
137. Removability of suits upon assigned choses in action.
CHAPTER IX.
Separable Controversy.
SECTION 138. Must a suit be within original jurisdiction of Circuit Court to be removable for a separable controversy ?
139. Suit must embrace two or more controversies, one at
least of which is entirely separable.
140. Separable controversy must be one between citizens of different States which can be fully determined as be- tween them.
141. Plaintiff's complaint ordinarily determines whether there
is a separable controversy.
142. Joint suit upon a joint and several cause of action em-
braces no separable controversy.
143. Separate defences do not make separable controversies.
144. Very few cases involve separable controversies.
145. Defendant must be a non-resident to remove a suit for
a separable controversy.
SECTION 146. An alien has no right to remove a suit for a separable
controversy.
147. Upon a removal for a separable controversy the whole
case goes to Circuit Court.
CHAPTER X.
Petition to State Court for Removal.
SECTION 148. Defendant, not plaintiff, can remove.
149. All defendants must unite in petition for removal for Fed-
eral question.
150. The same rule applies to a removal for diverse citizen-
151. Any one or more defendants interested therein may re-
move a suit for a separable controversy.
152. Party entitled to removal should make and file in the
State court a petition therefor.
153. Time to file petition; general rules.
154. Amendment of petition in State court.
155. Second petition for removal not ordinarily allowed.
156. Extension of time to answer does not extend time to re-
move.
157. Amendments of pleadings as affecting time to remove.
158. Right of part only of defendants served with process to
remove suit.
159. General rules as to contents of petition for removal.
160. Where the matter in controversy is property or a pecuni-
ary right, the value of the property or right must ex-
ceed $2,000 when the suit was begun as well as when
the removal is sought.
161. Requisites of petition where Federal question or Federal
character of a party is the basis of removal.
162. How to plead citizenship and residence of natural persons.
163. Pleading corporate citizenship and residence.
164. Petition for removal of suit upon assigned chose in action.
165. Amendments to petition for removal in Federal Court.
166. Printed forms of petitions for removal are of little value.
CHAPTER XI.
Removal Bond.
SECTION 167. Removing defendant liable for costs in Federal Court upon the remand of a suit to State court.
168. Bond for costs must be made and filed by the defendant
seeking removal.
169. Removing defendant need not personally sign the removal
bond.
170. Proper bond must be filed within statutory time.
171. Perfect bond cannot be substituted for defective one after
time to file bond has expired,
SECTION 172. Removal bond should have good and sufficient suret the State court should determine the sufficiency of tl
surety and enforce this requirement.
173. Ordinary conditions of removal bond.
174. When condition for appearing in Circuit Court and the
entering special bail is necessary.
175. Amendment of removal bond in United States Court.
176. Irregularities or defects in removal bond may be waive
by plaintiff.
CHAPTER XII.
Order and Transcript for Removal.
SECTION 177. State court should accept proper petition and bond in
removable case.
178. State court's acceptance of petition and bond should b
evidenced by a formal order.
179. To what Circuit Court a suit should be removed-list c Districts and Divisions, and times of holding Circu Courts.
180. Remedies for error of State court in denying a remova
181. Defendant should enter a copy of the record of the Stat
court in the Circuit Court.
182. When copy of record to be entered in Circuit Court.
183. Effect of failure to enter copy of record in Circuit Cour
in apt time.
184. Extent of Federal Court's jurisdiction before beginnin
of next term.
CHAPTER XIII.
Prejudice and Local Influence.
SECTION 185. Petition for prejudice or local influence must be filed i
Circuit Court.
186. Petition should plead facts entitling petitioner to a re
moval.
187. When petition to be filed.
188. May a single defendant remove a suit for prejudice o
local influence? No plaintiff can remove for such
cause.
189. Cases removable for prejudice or local influence a sub
class of those removable for diverse citizenship.
190. Notice to plaintiff and hearing of petition by Circui
Court.
191. Order of Circuit Court for removal and transcript fron
State court.
192. Suit improvidently removed for prejudice or local influ
ence should be remanded to State court.
CHAPTER XIV.
Special Statutes.
SECTION 193. Conflicting land grants of different States.
194. Cases removable under Rev. St. U. S., § 641, quoted.
195. Cases removable under Rev. St. U. S., § 643, quoted.
196. Cases removable under Rev. St. U. S., § 644, quoted.
197. Cases against officers of Congress removable.
198. Removal of suits from territorial courts upon the admis-
sion of new States.
CHAPTER XV.
Proceedings after Removal.
SECTION 199. Remand of suit on motion that appears from record to have been improperly removed.
200. An amendment in Circuit Court may require a suit to be
remanded.
201. Suit to be remanded upon proof of want of removability.
202. Suit may be remanded on Court's own motion.
203. Irregularities in removal proceedings may be waived;
want of jurisdiction cannot be.
204. Order of a Circuit Court to remand a cause to a State
court is not reviewable.
205. A removal transfers the whole case with its incidents and
remedies to the Circuit Court.
206. Removal of suit does not effect a general appearance by
the defendant.
207. Jurisdiction of defendant's person may be perfected in
208. Removed suit should be tried in Circuit Court in the
same manner as an original suit.
209. Costs in removed cases.
210. Appeal or writ of error.
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