70 Iowa 11 | Iowa | 1886
I. Upon the same day the answer was filed defendant presented to the circuit court his petition in due form, asking that the cause be transferred to the United States circuit court. The petition shows that plaintiff is a citizen of Iowa, and the defendant is a citizen of the state of New York, and that the value of the property involved in this action exceeds $500. The petition was accompanied by a bond in the form, conditions and jienalty required by the statute of the United States in such cases. The plaintiff objected to the removal, and filed the affidavits of two persons, showing that the value of the property was no more than $400. Thereupon the circuit court overruled and denied the petition, and proceeded tío take jurisdiction of the cause, and to try it after-wards on its merits. To the order denying the petition plaintiff at the time excepted.
II. It is a rule settled by the decision of the United States supreme court that, upon the filing of a petition in a state court presenting a sufficient case for removal to the United States court, the rightful jusisdiction of the state court comes to an end. “ The state court must stop when the petition and security are presented.” Railroad Co. v. Koontz, 104 U. S., 5; Steamship Co. v. Tugman, 106 U. S., 118; S. C., 1 Sup. Ct. Rep., 58. The state courts cannot, in such case, permit an issue upon the allegations of the peti
Tbe decree of tbe circuit court is reversed, and tbe cause is remanded, with directions that it be transferred to the United States circuit court, and that no other order be made in tbe case unless tbe jurisdiction of tbe court below be lawfully restored.
REVERSED.