ARGUED AND DETEBMINED
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Fmsu and others o. Drmlou. ` .
. (Uircuit Court, E. D. Texas. October 2, 1884.) ~
L. Rnmovn. or CAUSE-CLAIM on Pnornnrr Tlxmx ummm Exmourronimou
Brun Con1vr—S*1w1·trro1xY Pxooanomc.
On September 26, 1877, F., L. & Ch. recovered a money judgment against B.,
in Bowie county, Texas. Some years afterwards, an execution issued upon-
that judgment and was levied upon a stock of goods in Texarkana. Under the
statute law of Texas, D. tiled her oath and claim bond, and took the property
levied upon as her own. F., L. & Co. then tiled their petition for removal of
the proceeding by D. into the United States circuit court, they being non-rcsi-
dents, and the same was granted. When the cause came on to be heard in the
United States court, D. moved to remand the cause. Held, that this proceed-
ing was not such a “ suit " as could be removed into the federal court unless
the original suit had remained undetermined and was also removed with it.
, Motion to Remand.
Culberson rt Culberson, for the motion, cited 16 Wall. 190; 19
. Fm:. Rap. 49; 4 Dill. 557; 99 U. S. 80; 10 Fan. Bar. 406.
Todd tt Hadgins and Geo. T. Todd, contra.
SABIN, J. In this case it is urged that the same has been improp-
erly removed to this court, the same not being a "suit" within the
terms of the act, and that it is virtually an appendage to the suit of
FLash,_Lewis at Co. v. R. Bruhn, No. 1,654-, wherein judgment was
rendered September 26, 1877, in the district court of Bowie county,
e Texas. In the state courts this class of proceedings is virtually rec-
ognized as a "suit," and so generally understood and considered by
'the public and the profession; but the question seems to be whether,
in point of fact, it is such a "suit" as can be removed to this court,
being a proceeding authorized by statute for the trial of the right of
property. At first I was very much inclined to think that it was, and
but for the authorities adduced should have so held. Upon the ex-
amination of authorities, however, I find that it seems to be settled
that it is not such a suit as can be removed into this court unless the
v.221s·,no.1—1 .