Bosler v. Booge
Supreme Court of Iowa
Appeal from Woodbury Gvrouit Gomt. Action to foreclose a mortgage. A portion of the defendants named filed a petition for a removal of the case to the. Circuit Court of the United States, averring that there is a controversy, and that the controversy -in the suit is between citizens of different states, and that the matter and amount in dispute exceeds, exclusive of costs, the sum of five hundred dollars. No answer was filed by any of the defendants.
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Appeal from Woodbury Gvrouit Gomt. Action to foreclose a mortgage. A portion of the defendants named filed a petition for a removal of the case to the. Circuit Court of the United States, averring that there is a controversy, and that the controversy -in the suit is between citizens of different states, and that the matter and amount in dispute exceeds, exclusive of costs, the sum of five hundred dollars. No answer was filed by any of the defendants. The plaintiff filed an objection to the petition for a removal on the ground that the petition does not show or state that said petitioners have…
1Opinion of the Court
Adams, Oh. J.
l. jubisdicmovai of" eral statute, The statute provides for a removal “ in any suit of a civil nature in which there shall be a controversy,” etc. It was held in Stanbrough v. Griffin, 52 Iowa, 112, that it must appear that there is a controversy m the suit.. Where no answer or other pleading is filed showing a defense, and especially where, in the absence of any answer or other pleading, the petition for a removal does not show that there is a defense, we are unable to see how it can be properly said that there is a controversy in the suit.
The appellant claims that the petition…
2Cases cited1 opinion
- Stanbrough v. GriffinSupreme Court of Iowa · 1879
3Cited by2 opinions
- McLane v. LeichtSupreme Court of Iowa · 1886
- Stommel v. TimbrelSupreme Court of Iowa · 1892