Bird, Savage & Bird v. Robert Murray & Co. — 1 Cole. & Cai. Cas. 63

Majority

p. 63

Bird, Savage and Bird ads. Robert Murray and Company.

Headnote

HARRISON presented a petition from the defendants to remove the cause into the federal court, on affidavit that the defendants are aliens.

p. 64

It appeared that special bail had been put in last December, but an exception was entered, and bail, had not been perfected till this term, and till after the petition had been filed.

Pendleton and B. Livingston objected,

insisting that the defendants were too late, their appearance having been entered in January last, and the act of Congress, under which the application is made, directs that the petition be filed when the appearance is entered.

The defendants are in season. As the plaintiffs excepted to the bail, they shall not be allowed now to say the defendants appeared before.

Motion granted.