Bon v. Midwest Refining Co.

KENNEDY, District Judge,

The above-entitled cause is before the court upon motion to remand. The grounds of the motion -are, in substance, that the petition for removal was not filed in time, and that there was no authority on the part of the court commissioner of the state court to issue the order of removal. Upon the argument the latter ground was virtually abandoned, as well it might have been, for the reason that a •removal is accomplished by filing a proper proceeding in the state court with jurisdictional facts alleged, even should the state court judge fail to sign the order.

Upon the…