6 FEDERAL REPORTER.
tation that we order the remanding of this case, from the fact that
by the Brst day of November Mr. Seligman can have the question
decided by the supreme court of the United States whether we shall
change this order or not.
Bocmsonxno and others v. Marrnmws.
(Circuit Court, E. 1J. Michigan. July 22, 1884.
1. Rnuovar. or Cause-Oasis: Anrsme mvmm Laws or Umran Srrnizs.
Plaintiffs sued defendant, a United States marshal, in the state court, for
trespass in seizing and carrying away books of account belonging to them, but
the declaration failed to a lege that defendant acted in his official capacity.
Defendant demurred generally, and thereupon Bled a petition for removal of
the case to the federal court, alleging in his petition that he was a United States
marshal, and acted under an attachment issued by the United States circuit court
in making the alleged seizure, "if any seizure actually occurred," and that
the suit was one arising under the laws of the United States, and involved the
construction of such laws. Held, that the record did not present a case within
the jurisdiction of the federal court, and that the cause was not removable.
2. S.•.Mm—Pmr1r1oN—Rr:conn.
The ground of jurisdiction ofthe United States court must appear in the rec-
ord as it actually exists, and the petition for removal can be taken as part of
that record only so far as it states facts which may be regarded as legally con-
sistent with the pleadings of the parties and within the purview of the issue, if
one has been made between them.
Motion to Bemand.
Mivrrmszws, Justice. This case is submitted on a motion by plain-
_ tiffs to remand it to the superior court of Detroit, from which it was re-
moved on petition of the defendant. The action was brought to re-
cover $10,000 damages for an alleged trespass, described as the forci-
ble and unlawful taking and carrying away from the possession of the
plaintiffs of certain books of account belonging to them. - There is
nothing in the declaration from which it can be inferred that the tres-
pass complained of was committed under color of right on the part of
the defendant. To this declaration a general demurrer was Bled by
the defendant; and thereupon the defendant Bled in the state court
his petition for the removal of the cause to this court.
This petition sets out that the defendant is, and was at the time
of the alleged grievances, the United States marshal for the Eastern
district of Michigan; that the suit is one arising under the laws of
i the United States; that, as appears by the declaration, it was brought
against the petitioner for unlawfully seizing certain property and
books of account, and for retaining and holding the same in his pos-
session, and converting the same to his own use; and continues as
follows:
"Y<¤ur petitioner further represents that at the time of the seizing and
taking possession of said books of account, if such seizure and possession act-