Page:Federal Reporter, 1st Series, Volume 9.djvu/693

678 rB^BBAIi EBPORTBB. �policy, which is in accordance with tho liberal anu v^lightehed spirit of the age. �In section 3187 of the Revised Statatea provision is made for ex- ompting certain property from distraint for internal-re venue taxes, and I think that these exemptions might well be extended to all the Jebts due the United States upon collections made under execution ; but this is a matter for the consideration and action of congress, and not for judicial liberality, as the courts must construe and enforce the law as it is written. �The district attorney may drav? the order requested in his motion. ���Bebrtan V. Chetwood.* {Circuit Court, S. D. New York. December 14, 1881.» �1. Rkmoval op Cause aftbr Default m PLEADina. �Wliere the petition for removal was presentee! after defendanfc's time to an- swer had expired, and he was in default, hdd, that there was no controversy between him and plaintiff, within the meaning of the statute, so aa to make a case for removal. �Motion to Kemand. �Blatchford, g. J. Even conceding that there wero proper writ- ten extensions of time to answer till November Ist, nothing that then or before or afterwards occurred in oral conversation between the attorneys amounted to a consent by the plaintiff's attorney to extend the time to- answer beyond November Ist. So, on November 3d, when the petition for removal was pre'sented and the bond approved, the defendant's time to answer had expired, he was in default, and there was no controversy between him and the plaintiff, within the meaning of the statute, so as to make a case for removal. �The motion to remand the cause is granted, with costs. �•Reported by S. Nelaon White, Esq., of the New York bar. ��� �