Page:Federal Reporter, 1st Series, Volume 10.djvu/413

IN EB lOWA & MINNESOTA CONSIRUOXION 00* 401 ���In re Iowa & Minnesota Construction Co. �BooNE aud another v. Iowa & Minnesota Constbuotion Co. and �others. �[Ovrcuit Court, D. Iowa, N. D. January, 1882.) �1. KEirovAii op Cause — WHa May — Intbbvenobs. �Where the intervening petition cliarges f raud, and is not in the nature of a bill, charging errors or irregularities merely, or where it charges want of juris- dictlon and want of notice to coraplainants, and where no attack is made on any final judgmeni, but only on interlocutory orders, still withia the control of the State court, intervenors may remove the cause. �2. Same— Local Prejudice. �Where there has been no final trial or hearing, intervenors may remove the cause on the ground of local prejudice, on compliance with the provisions of the act of congress. �3. Samb— How Effected. �The filing of the petition in the state court ipso fado removes the cause. �4. Samb— RiGHT of Removal — Receivek. �The petition of intervention Is in the nature of a suit for relief as against defendants therein named, and the rlght of removal is not affected by the fact that a recelver had been appointed by the state court to wind up the aliairs of the corporation. �6. Samb— RiGHT of Intervenues. �The rlght of intervenors to a preliminary injunctlon to restrain further pro- ceedings until there can be a hearing on the merits, follows as a matter of course. �Motion to Remand. �MoCbary, 0. J. That the intervening petition, filed in this case in the state court by George Boone and Francis B. Hinckley, presents a controversy between citizens of Illinois on one sida and citizetos of Iowa on the other side, is conceded. But it is insisted that the case was, nevertheless, not removable, because the petition of intervention is a supplementary proeeeding, so connected with the original pro- ceeding as to form an incident to it, and substantially a continuation of it. To determine whether or not this is so we must look to the record. The proceedings in the state court were instituted in 1875 by a petition presented by L. Schoonover, trustee, alleging that he was a judgment creditor of the said Iowa & Minnesota Construction Company, and stating the names of the stockholders in that corpora- tion, with the sum subscribed by each. He alleged the insolvency of the corporation, and prayed the appointment of a receiver. This v.lO.no.e— 26 ��� �