2 FEDERAL nsronrna.
Norton and his sureties, on the official bond of the former. He
alleged, in his petition, the appointment of Norton as marshal; the
execution by him and his sureties of the official bond sued on, and `
then averred that Norton,`" acting by his deputy, Robert Clarke, by
virtue of a writ of attachment against the goods. and chattels of one
it Samuel W. Wallace, rissued out ofgthe Unitedj States circuit court '
for the northern district of Texas, in a cause pending therein, in
which Naumberg, Kraus, Lauer dt Co. were plaintiffs, and said
Samuel W. Wallace was defendant, had unlawfully levied upon and
seiaed certain goods, the property of plaintiffand in his rightful pos-
session} and chad deprivedwthe, plairitiffr of; the possession an .» use
thereof; that by reason of said unlawful acts of Norton, and Clarke,
his deputy, the condition of said bond had been broken, and an ac-
tion had accrued to the plaintiff on said bond against Norton and his
securities thereon. He therefore prayed judgment against the de-
fendants for the sum of $10,000. `Both the plaintiff and the defend-
ants were citizens ofthe state of Texas. · t
The defendants excepted to the petition on the following grounds,
amongothers: ‘ V L i . ` i v   U 4 Q (
(1) Because the sureties on the marshal’s bond were joined as defendants,
the petition not showing in what way they were liable, or that they had in
any manner aided the marshal, or his deputy, in committing the trespasses
set out in the petition. (2) Because the petition averred that said alleged
trespasses were committed by Clarke, the lawful deputy of the marshal, and
alleged that the defendants wereliable for the. acts_ of the deputy marshal in
seizing and taking possession of said goods.
After the filing of their exceptions, and within the time prescribed
by thestatute, the defendants filed a petition for the removal of the
_ cause to the United States circuit court for the northern district of
Texas, Kaufman county, where the action was commenced, lying
within that district. The state court made an order for the removal
of the case, and defendants in due time filed a transcript of the
_ record in the United States circuit court. Thereupon the plaintiff
. moved the court to remand the cause to the state court.
Olin Wellborn,   W. Leaks, and John L. Henry, for the motion.
W. L. Crawford, M. L. Crawford, and L. F. Smith, contra.
Woons, Justice. The motion to remand must be overruled. It is
clear that by the exceptions filed to the petition of the plaintiff a
question is presented which arises under the laws of the United
States, and consequently that under section 2 of the act of March 3,
1875, (Supp. to the U. S. Rev. St. vol. 1, p. 174,) the cause is remov·