FORM No. 1098-Affidavit of residence. (In Younger v. Spreckels, 12 Cal. App. 175; 106 Pac. 895.) [Title of court and cause.] [Venue.] Claus Spreckels, being first duly sworn, deposes and says: I am the defendant named in the above-entitled action; that at the time of the commencement of the above-entitled action I resided in the city and county of San Francisco, state of California, and ever since said time have resided, and do now reside, in the said city and county of San Francisco, state of California. I am not a resident of, and never have resided in, the county of Santa Cruz, state of California. Claus Spreckels. [Jurat of notary.] [Acknowledgment of service by attorney for the plaintiff and endorsement of filing.] FORM No. 1099-Affidavit of merits. (In Younger v. Spreckels, 12 Cal. App. 175; 106 Pac. 895.) [Title of court and cause.] [Venue.] Claus Spreckels, being first duly sworn, deposes and says: That he is the defendant named in the above-entitled action; that he has fully and fairly stated all the facts of the above-entitled action to his counsel, Charles S. Wheeler, who is an attorney at law admitted to practise, and in good standing, before all the courts of this state; that he is advised by his said counsel, and verily believes, that he has a good and sufficient defense to said action on the merits. [Jurat of notary.] Claus Spreckels. [Acknowledgment of service by attorney for the plaintiff and endorsement of filing.] FORM No. 1100-Affidavit of residence and of merits for change of place of trial. [Title of court and cause.] [Venue.] being duly sworn, says: That he is the defendant in this action; that he was at the commencement of this action [and now is] a resident of the county of in the state of in the state of and not a resident of the county in which this action was commenced; that he has fully and fairly stated the case to his counsel, who resides at and that he was thereupon and is advised by his said counsel, and verily believes, that he has a good and substantial defense on the merits to the action, and that for the reason said County is the proper county for the trial of said action, he makes his demand herein for a change of the place of the trial of said action to said County. [Signature.] [Jurat.] FORM No. 1101-Petition for change of venue.1 (In St. Louis etc. R. Co. v. McNamare, 91 Ark. 515; 122 S. W. 102.) [Title of court and cause.] [Omitting formal parts, the defendant, petitioner, states:] That it verily believes that it can not obtain a fair and impartial trial in this, Marion County, on account of the undue prejudice against the petitioner in said county. It further says the plaintiff is not a resident of Marion County, Arkansas, but is a resident of the state of Missouri; that said cause of action, if any she has, and the occurrence of which she complains, did not take place in Marion County, Arkansas, but occurred in the state of Missouri, and plaintiff was not compelled to institute her suit in Marion County in order to get service on the defendant [etc.]. [Ending with prayer to grant an order changing the venue of the case to some other county in the state of Arkansas, and for all other proper relief.] [Verification.] E. B. Kinsworthy, S. B. Campbell, T. T. Dickinson, Attorneys for defendant. 1 A petition for change of venue under the Arkansas statute is required to be signed by the party and verified as pleadings are required to be verified, and sball be supported by affidavits of at least two credible persons to the effect that affiants believe that the statements of the petitioner are true: Kirby's Dig. Ark., § 7936, construed in St. Louis etc. R. Co. v. McNamare, 91 Ark. 515, 122 S. W. 102, 104. § 474. REMOVAL OF CAUSE FROM STATE TO FEDERAL COURT. FORM No. 1102-Petition for removal of cause from state to federal court on the ground of diversity of citizenship. 1 [Title of action in state court.] 1 1. That your petitioner is a defendant in the above-entitled action, and is actually interested in the controversy herein. 2. That said action has been commenced against him in said court by plaintiff and that said action is of a civil nature. 3. That the matter in dispute in this action exceeds, exclusive of interest and costs, the sum [or value] of $2,000. 4. That the controversy in this action, and every issue of fact or law therein, is wholly between citizens of different states, and can be fully determined as between them; that the plaintiff, is now, and was at the time of the filing of the complaint in this action, a citizen of and a resident of the state of and the defend ant, is now, and was at the time of the commencement of this action, a citizen of and resident of the state of day of 5. That the time of your petitioner as defendant in this action to answer or plead to the complaint in said action has not yet expired, and will not expire until the 19 and your petitioner has not yet filed any answer thereto or in any way appeared in said action. 6. Your petitioner herewith presents a good and sufficient bond as provided by the statute in such cases that he will on or before the first day of the next ensuing session of the United States circuit court for the district of enter and file therein a copy and transcript of the record of this action and for the payment of all costs which may be awarded by the said court, if the said circuit court shall hold that this suit was wrongfully or improperly removed thereto. Wherefore, your petitioner prays: That this court proceed no further herein, except to make an order for removal as required by law, and to accept the bonds presented herewith, and to direct a 1 Under 25 U. S. Rev. Stats. 434, 435. transcript of the record herein to be made for said court as provided by law and as in duty bound; and your petitioner will ever pray. [Signature of petitioner.] [Verification as for a pleading.] FORM No. 1103-Petition for removal where the action is brought by a citizen against an alien. [In place of paragraph 4 in form No. 1102, insert the following:] That at the time said suit was begun, and at the present time, the plaintiff is a citizen and resident of the state of and the defendant was and is an alien, and subject of [naming the foreign kingdom or state], and said defendant is now a resident in the county of and state of [Etc.] FORM No. 1104-Petition for removal where a federal question is involved. [Insert in place of paragraph 4 in form No. 1102, the following:] That the controversy herein arises under the constitution and laws of the United States [or treaties made under their authority] in the manner as appears by the complaint of the plaintiff herein, a copy of which is hereunto annexed and made a part of this application, that is to say: [Here state briefly the federal question involved, and of which the United States circuit court is given original jurisdiction.] [Etc.] FORM No. 1105-Order of removal made by state court. [Title of court and cause.] district of This cause coming on to be heard upon the application of the defendant herein for an order transferring the same to the United States circuit court for the and it appearing to the court that the defendant has filed his petition for such removal in due form of law, that the defendant has filed his bond as provided by law, and it appearing to the court that this is a proper case for removal to said circuit court, on the ground that the parties hereto are citizens of different states [or on the ground that a federal question is involved herein, or state such other ground as exists]: It is hereby ordered, that this cause be and the same is hereby removed to the United States circuit court in and for the district of and the clerk is hereby directed to make up the record in this cause for transmission thereto forthwith. Entered, [etc.]. FORM No. 1106-Bond on removal of action from state to federal court. $ said lawful money of the United States, to be paid to the his heirs, executors, administrators, successors, and assigns; for which payment well and truly to be made we bind ourselves, our heirs, executors, and assigns, jointly and severally, firmly by these presents. Sealed with our seals. Dated the day of Upon condition, nevertheless, that whereas the said filed a petition in the the said court, in County, state of for the removal of a certain cause therein pending between , as plaintiff, and the said to the circuit court of the United States in and for the Now, if the said shall enter in the said circuit court of the United States on the first day of its next session a copy of the record in said suit, and shall well and truly pay all costs that may be awarded by said circuit court of the United States, if said court shall hold that said suit was wrongfully or improperly removed thereto, then this obligation to be void; otherwise, to remain in full force and virtue. [Signature of principal.] [Seal.] [Signature of surety.] [Signature of surety.] [Seal.] [Seal.] [Justification of sureties.] [Endorsement of approval and of filing in the state court.] § 475. ANNOTATIONS.-Change of place of trial. 1. Jurisdiction conferred by application for change. 2. Guarantor.-Venue of action against. 3, 4. Arkansas statute construed. 5. Divorce.-Change of venue to where real action is joined. 6. Facts of defense not required to be set forth. 7. Demand and affidavit are essential. 8, 9. Affidavit of merits by counsel. 10. "Residence" of a domestic trading corporation. |