Connolly v. Chicago, M. & St. P. Ry. Co.

(after stating the facts as above). No issue is taken to the history of the engine from May 20th to December 15th. The motion to remand, in the absence of denials, is in the nature of a demurrer to the petition, and admits the truth of the allegation. Bradshaw v. Bowden (D. C.) 226 F. 323, and cases cited.

An allegation in a complaint of interstate commerce relation, not supported in fact, to defeat removal, is a fraud, and will not defeat removal. Wilson v. R. I. & S. Co., 257 U. S. 92, 42 S. Ct. 35, 66 L. Ed. 144; Gt. Northern Ry. v. Alexander, 246 U. S. 276, 38 S. Ct. 237, 62 L. Ed. 713;…