56 Iowa 416 | Iowa | 1881
In Bemoval Cases, 100 U. S., 474, it is held that not only the petition for removal, but the whole record, is to be examined; and in Yulee v. Vose, 99 U. S., 539 (545), it is said: “ The petition and affidavits which accompanied it are to be taken together as a part of the same instrument. They are also to be considered in connection with the other parts of the record to which they belong.”
Counsel for appellee concedes that the last cited case might apply if the affidavit had been made of record by a bill of exceptions. We think it is as much a part of the record as the petition, or bond, or any other paper required by law to be filed in the case, and that no bill of exceptions was necessary.
In our opinion the court below should have taken the whole record and showing for a removal into consideration, and ordered the change of forum, especially as the alleged residence of the defendants was in no way controverted. The caiise must be affirmed on plaintiff’s appeal, and upon defendant’s appeal it must be
Reversed. '