William R. Day

“ One is that if the suit be one in which the circuit court could rightfully take jurisdiction, then upon the filing of the petition for removal in due time, with sufficient bond, the case is in law removed, and the state court loses jurisdiction to proceed further, and all subsequent proceedings therein are void. Furthermore, that if, upon the face of the record, including the petition for removal, the suit does not appear to be removable, then the state court is not bound to surrender its jurisdiction, and may proceed as if no application for removal had been made. ”

“ On September 30th, 1905, the railway company filed its answer, and on the 2d of October, 1905, within the time required by law, filed a petition for removal of the cause to the United States circuit court in and for the southern district of Iowa, on the ground of diversity of citizenship, alleging that the amount in controversy exceeded, with interest and costs, the sum of $2,000. ”