and liabilities, and exclusive of property by law exempt from execution. That I have property in the State of to execution, of the value of more than

FORM No. 462.

Notice of removal of cause.28

UNITED STATES OF AMERICA.

CIRCUIT COURT OF THE UNITED STATES.

[Southern District of New York.]

Please take notice, that on the

copy], this cause was duly removed from the United States Circuit Court for the

Order (ex parte) approving bond and directing removal.

At a Special Term29 [etc., as in Form
No. 94, page 255 (above)].

The defendant Y. Z., having, within the time allowed by law therefor, duly filed a petition for the removal of this cause into the Circuit Court of the United States for the

and having also duly filed a bond, with good and suffcient surety, as required by law [and the pleadings herein, heretofore filed, being now produced and read3], Now, on motion of Z. T., attorney for said defendant Y. Z.:

ORDERED, that the said petition is hereby accepted and the said bond and surety are hereby approved, and this cause is hereby removed into the Circuit Court of the United States for the district of

31

Enter: [signature of judge by initials of name and title.]

FORM No. 464.

Notice of motion for removal of cause from State to United States court.

[Title of State court and cause.]

Please take notice, that upon the petition and bond [and affidavit of Y. Z.], of which copies are herewith served upon you [and the originals of which have been duly filed in the office of the clerk of county,]33 and upon the summons, appearance, and pleadings in this action, the undersigned will move this court, at a special term thereof, [in local prejudice cases, substitute: the Honorable Judge of the Circuit Court of the United States for the , at a term] to be held at

district of

, on the

in the

in

day of

19., at

o'clock noon, or as soon thereafter as counsel can be heard, for an order granting the defendants petition for the removal of this cause, as prayed, and for such other or further order as may be just. [Date.]

[Address], To

[Signature and office address of], Attorney for [moving party].

Attorney for [adverse party].

a court order should be taken; and if desired to preclude formal objections being raised in the Circuit Court, notice of application should be given.

30 The insertion of this clause enables the petitioner to rely on allegations in the pleadings, to supply defects in those of his petition, when he might not otherwise be allowed to do so in further contest in the State court.

31 The proceedings had in a cause are not vacated by its removal. Duncan v. Gegan, 101 U. S. 810; Cent. etc., Banking Co. r. Farmers' Loan & T. Co., 113 Fed. Rep. 405; Act of Mar. 3, 1875, § 4; 18 U. S. Stat at L. 471. But see, that some proceedings may fall, 29 Fed. Rep. 820.

32 Notice of the application to the State court is not necessary, although it is proper and customary. In local prejudice cases, the application must be made to the Circuit Court (Bonner v. Meikle, 77 Fed. Rep. 485), and while notice may not be jurisdietional (Reeves v. Corning, 51 Fed. Rep. 774), it is better and safer prac tice to give it. Schwenk u. Strang. 59 Fed. Rep. 209. As to length of the notice upon application to the Circuit Court, see Carson Lumber Co. t. Holtzclaw, 39 Fed. Rep. 578.

33 Not proper in local prejudie cases, because the bond and petition are submitted to the Circuit Court.

FORM No. 465.

Another Form,- by order to show cause why cause should not be removed.34 [Name of State] Court [or if a court order], At a Special Term [etc., as in Form No. 94, page 255 (above)].

[Title of cause.]
On the annexed petition of Y. Z., verified the

19

day of

day of

and the bond of Y. Z. and M. N., dated the 19, and on [naming other papers relied on, as in last Form], and on motion of Z. T., attorney for said. [defendant] Y. Z.:

ORDERED, that the [plaintiff and the defendant W. X.] show cause at a Special Term of this court, to be held at

at

day of o'clock in the

noon,

in

in

or as soon thereafter as counsel can be heard, why the prayer of said. petition should not be be granted; and in the meantime, and until the determination of this application, all proceedings herein in this court. are hereby stayed [and the time of the defendant to answer is extended until 35]. Service of a copy of this order on the attorneys of all the parties, other than said Y. Z., who have appeared in this action, on or before the day of shall be sufficient. Enter: [signature of judge by initials of name and title.]

FORM No. 466.

Order (after notice or order to show cause) removing cause to United States

court.

[May be readily adapted from Form 463.]

FORM No. 467.

Order of removal in case of prejudice or local influence.

[Title of Circuit Court, and of cause.]

The defendant, Y. Z., having within the time allowed by law, filed his petition [together with affidavits] conforming to the requirements of law for the removal of causes because of prejudice and local influence, and having also filed a bond with good and sufficient surety, as required by law [and the pleadings herein being now produced and read]36

34 Not proper in local prejudice cases. See notes to preceding form. 35 See pp. 412 and 48 of this volume, as to stays and extensions.

36 See paragraph 4, p. 779 and paragraph 2, p. 782.

Now, on motion of Z. T., attorney for said defendant, Y. Z., and it appearing to this court that from prejudice and local influence that said defendant will not be able to obtain justice in the

court of the State of where said suit is now pending, or in any other State court to which the said defendant may, under the laws of the State, have a right to remove this cause, [and it also appearing that due notice of this application has been given naming adverse parties], it is hereby

to

37

ORDERED, said petition being hereby accepted, and said bond and surety being hereby approved, that said cause be and the same is hereby removed from the court of the State of

where it is now pending, into the Circuit Court of the United States for the

District of

this order be filed in the said

in the State of

and that a copy of court of the county of

and that a transcript of the record of said

case in that court be taken and filed in this court.

Enter: [Signature.]

FORM No. 468.

Writ of error to review refusal by the State court to remove.38

UNITED STATES OF AMERICA, ss.:

The President of the United States of America, to the Justices of the Supreme Court of the State of New York, in the Judicial Department, greeting:

Because, in the record and proceedings, as also in the rendition of the judgment, of the plea which is in the said Supreme Court before you or some of you, on a remittitur from the Court of Appeals of the State of New York, being the highest court of said State in which a decision in the suit could be had, remitting to you, or some of you, the final decree or judgment of said court to be enforced in the suit between A. B., plaintiff, and Y. Z., defendant, where [a right, privilege, and immunity was specially set up and claimed by the said Y. Z., under the Constitution, statutes, and authority of the United States, and the decision was against the right, privilege, and immunity specially set up and claimed under such constitution, statute, and authority] a manifest error hath happened, to the great dainage of the said Y. Z., as is said and as appears by its complaint: We being willing that such

37 See paragraph 6. p. 784.

38 From the case of Steamship Co. r. Tugman, 106 U. S. 118, rev'g 76 N. Y. 207. By the Act of 1887, appeal or writ of error from a remand

by the Circuit Court cannot be allowed.

The writ will only issue upon a petition and bond.

error, if any hath been, should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then, under your seal, distinctly and openly, you send the record and proceedings aforesaid, with all things concerning the same, to the justices of the Supreme Court of the United States, at the Capitol, in the city of Washington, together with this writ, so that you have the same at the said place before the justices aforesaid, on the second Monday of October next, that the record and proceedings afore said being inspected, the said justices of the Supreme Court may cause further to be done therein to correct that error, what of right, and according to the law and custom of the United States ought to be done.

[Signature of Chief Judge of the Court of Appeals of the State of New York or a Justice of the Supreme Court.]

FORM No. 469.

Certiorari to remove papers, in other than prejudice or local influence cases. The President of the United States of America to the [Judge of the] Court of [naming it in full].

Whereas, it hath been represented to the Circuit Court of the

duly filed in the said State

defendant, and that the said court his petition for the removal of said cause into the said Circuit Court of the United States, and filed with said petition the [affidavit and] bond, with surety required by the laws of the United States; and that the clerk of the said State court abovenamed has refused to the said petitioner a copy of the record [and other papers, if any] therein, though his legal fees therefor were tendered by the said petitioner;

You, therefore, are hereby commanded forthwith to certify, or cause to be certified, to the said Circuit Court of the United