, ARGUED AND DETEBMINED
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Goomzow v. Gnnsou, Adm’r, etc.
‘ · Wircuait Uourt, N .· D. Iawa,0. DQ January Term, 1883.)
1. Rnmovu. or Cause-Pnmmnrom AND Loosr.-Iiumumncm Acr.
‘ Under the prejudice and local-iniiueuce act a party, to have the right of re-
moval, must beianon-resident when the petition for removal is filed. S0, where
. a party, having a right to removea suit into the federal court from a state
court, fails to exercise that right, and subsequently removes into and becomes
a citizen of the state where suit isbrought, the right of removal is defeated
- and terminated by the change of citizenship. `
2. snmp-Anuxnrsrnaron Sunsrirnrnn ss Pawn. .
, Where a non-resident, having a right to the removal of suit into the federal
court, fails to exercise that right, and removes into the state where suit is
brought and becomes a citizen thereof and there dies, his executor or admin-
istrator substituted for him in the suit cannot remove it into the federal court.
Motion to Bemand Cause to State Court.
In August, 1876, this suit was brought in the circuit court of ~
Webster county, Iowa, by the present complainant, then and now a
citizen of New York, against Grace H. Litchheld, a citizen of New
York and Webster county, Iowa, as co-defendant, to recover the
amount of certain taxes paid by the Iowa Homestead Company, an
Iowa corporation, upon realty situated in Iowa, the title to which
had been in dispute between the homestead company and Mrs. Litch-
field, but which was hnally adjudged to be the property of the latter.
v.15,no.1—1 _