Blanchard v. Dwight — 12 Wend. 192

Majority

p. 192

Blanchard vs. Dwight.

Headnote

On presenting a petition for the removal of a cause into the circuit court of the United States, a bond in the sum of $1000 is good security within the meaning of the act, though the sum demanded be $14,000, when the defendant has not been holden to bail in this court.

June 5.

The defendant presented a petition for the removal of this cause into the circuit court of the United States, and also presented a bond in’the penal sum of $1000, conditioned for entering in the circuit court copies of the process against him and for his appearance, and prayed for a rule that no further proceeding be had in this court. The suit was commenced ip this court by the filing and service of a declaration, in which the damages were laid at $14,000. On the part ' of the plaintiff, it was objected that the law of the United States required that the defendant, in a case like this, should

p. 193

offer good and sufficient surety for his appearance, «fee. and a bond in this case for $1000 was not a compliance with the act. Laws of U. S., sess. 1, ch. 20, § 12.

By the Court,

Had the defendant been holden to bail in this court for the sum mentioned in the declaration» the surety offered would have been insufficient; but as the suit was commenced by declaration, and of course no bail required, a bond in the penalty of $1000 is amply sufficient.