Property · MBE-tested

Abjo against Monteiro

1 Cai. 248·New York Supreme Court of Judicature·1803·NY

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Opinion

Abjo againsl Monteiro. Practice on removing suits against aliens, into the circuit court of the United States. [MAJORITY — By the Court.] By the Court. If an alien defendant file his petition, &o. to remove the suit into the circuit court of the United States, at the time of filing special bail, he is in season, though the bail may have been excepted to. So in ejectment after a judgment by default against the casual ejector, if the landlord be an alien and then let in to defend. Jackson, ex dam. Cantine and others v. Stiles, (George Clark, tenant,) 4 Johns. Rep. 493. If the application be in a suit between citizens of the United States, the affidavit must expressly state that one of the parties is a citizen of another state. Carp v. Vermilye, 3 Johns. Rep. 145. See Bedmond v. Bussell, 12 J. R. 153.