78 Ga. 446 | Ga. | 1887
In this case, Abraham Wolf exhibited his bill against Henry Franklin and S. H. Myers, of the county of Richmond, and Siegfried Schwarzweiss, of the county of Burke, in the State of Georgia; said Wolf alleged to be a citizen of the State of New York. The bill alleged that Schwarzweiss was indebted to Wolf for a large sum of money, to-wit, $20,000, and that said Schwarzweiss had executed a certain mortgage (a copy of which is exhibited to the bill), as security for the money, for a stock of goods in the town of Waynesboro, Burke county, of the value of $20,000. It further alleged that Franklin, subsequent to the mortgage of Wolf, and after Wolf’s .mortgage had become of record, also took a mortgage upon the same stock of goods from Schwarzweiss; that Franklin afterwards purchased this stock of goods from Schwarzweiss, and agreed to pay the mortgage of Wolf, and did pay upon it some $2,500;
The defendants also filed a general demurrer to the bill and demurred to it specially. This was done before the first term of the court. At the first term of the court, before the trial of the case had been entered into, and before it was to be tried finally upon its merits, Wolf filed his petition to remove the case to the Circuit Court of the United States for the Southern District of Georgia, and tendered his bond, which was approved by the court. This application to remove was resisted by the defendants, and the order of the court allowing the removal is excepted to.
It is contended by the plaintiffs in error here that the case was in such a condition at the time of the application to remove it to the United States court, that the complainant, Wolf, was not entitled to have the same removed ; in other words, he says there had been, to some extent, a trial of the case. In this view we do not concur. We think the removal was in time, under the act of March 3, 1875, an act to regulate the removal of causes from State courts to the United States courts, in cases where
For these reasons we affirm the judgment of the court below.