Page:Federal Reporter, 1st Series, Volume 4.djvu/27

■te B» m-'5hwei». ■ ^ �4locept the petîticiii and bond, ahd proeeed no furtner in sUch -suit;" ànd the oonrt say^' <5n page Sl'j':' "It istherefore a material inquiry whether the petition of the defendants sets forth such tacts as made a case for repibval, and consequently arrested the juïisdictioû of the state court and transferred it to the federal court; "thus irûplying that the federal court acquired jurisdiction ipso facto on filing petition and bond. �So, also, in the Removal Cases, 100 U. S. 475, the court say : "While the act of eongress requires security that the transcript shall be filed on the first day, it nowhere appears that the circuit court is to be deprived of jurisdiction if by accident thô party is delayed until a later day in the term. If the circuit court, for good cause shown, accepts the transfer after the day, and during the term, its jurisdietion will, as a general rule, be complete, and the removal properly effected." :I under- Btand, from the opinions of the court in these cases, that ■vrhen the jurisdiction of the state court ceases that of the- federal «ourt attïtches for some purposes, on entering a copyof the reçprd, so that, the C!Our;t:mayknow the facts:;bui the juris- diction of the federal oiourt is laot complete; so as to hear and deftenxiine the cause, althoingb a transcript is 'filed, until on the day prescribed . in, the statnte, or after, if the cotirt accepta it, See Dillon on KemoYal pf Catises, 71; Mahoney Miwin.f/ C'o. V. ^BraneW, 4' Sawyer, 289. - �Inasmuch as the next proceeding in the case in hand is for the defendant to contest. the facts in the petition, I àm of the opinion the eoort oannot at this time erïtertain it. - �Application.to proeeed in the matterdenied;' i ���In re McEwEn and others, Bankrupts. �{Cirouit Court, D. Indiana. , 1880.) �Appbal — CiBcuiT CouBT — T^îŒ. — An appeal from an order of the district court should be entered Ui the circuit court within ten days after the appeal is taken, although the circuit . court Is in session at the time the order is made, and continues so ap to the end of the ten days. �In Bankruptcy. Motion to Dismiss Appeals. ����