Lucius Quintus Cincinnatus Lamar, Manning v. Amy — Opinion of the Court
“ It is familiar law that in a proper case the filing of a petition for removal, accompanied by a proper and legal bond, operates of itself to remove a case from the state court to the United States court. ”
Lucius Quintus Cincinnatus Lamar, Manning v. Amy — Opinion of the Court
“ No question is made as to the diverse citizenship of the parties, nor can it admit of a doubt that the application for removal, if it can be properly called such, was, when first filed, made at the proper time. If, therefore, the petition and bond had been in due form, and had been unaccompanied by the motion filed simultaneously with them, and as a part of them, it is equally clear that the removal to the federal court would have been properly effected. ”
Lucius Quintus Cincinnatus Lamar, Manning v. Amy — Opinion of the Court
“ Counsel for defendant in error insist that both the petition and the bond are defective in form and effect, in that the petition asks for the removal of the case to the 'circuit court of the United States for the first district of Massachusetts,' (whereas no such district existed as the first district of Massachusetts,) and that the bond was not justified nor the sureties approved when the case was reached for trial. It should be observed that no objection was made to the removal in the state court on either of these grounds. ”
