City of Aurora v. West

West and Torrence sued the city of Aurora in the court below in 1861, and obtained a judgment which was reversed on an appeal to this court. 22 Ind. 88. After the case was certified back, the appellant filed her counterclaim. The appellees then dismissed their complaint, and filed an.applieation under the act of Congress to have the case certified to the United States Circuit Court, for the District of Indiana. The court below ordered the case to be so certified, over the objection of the appellant. From that order this appeal is prosecuted.

The ground of the application was that the appellees…