Starke v. Hoerning

TUTTLE, District Judge.

Plaintiff began this suit in the state court by attachment. The affidavit therefor alleges an indebtedness of $2,555.80. The writ of attachment claimed damages not exceeding S3,000. The declaration was on the common counts only. The ad damnum was in the sum of $5,000. At the time the defendant filed his petition for removal of the cause to this court, there had been no personal service of process or other paper upon defendant. The defendant had not appeared generally, llis default had not been entered. The plaintiff has made a motion to remand the case to the state…