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169 F. 736

Mayer v. Karaghuesian

United States Circuit Court for the Southern District of New York · decided 1909-02-02

<p>^Removal op Causes (§ 86*) —Petition—Aliens.</p> <p>A removal petition by an alien, failing to allege that he is a nonresident of the state, is fatally defective.</p> <p>[Ed. Note.—For other cases, see Removal of Causes, Cent. Dig. §§ 170, 173; Dee. Dig. § 86.*] •</p>

2 counsel of record

Decided 1909-02-02

¶1^Removal op Causes (§ 86*) —Petition—Aliens.

¶2A removal petition by an alien, failing to allege that he is a nonresident of the state, is fatally defective.

¶3[Ed. Note.—For other cases, see Removal of Causes, Cent. Dig. §§ 170, 173; Dee. Dig. § 86.*] •

¶4On Motion to Remand.

¶5Morchauser & Haysradt, for plaintiff.

¶6Bertrand R. Pettigrew, for defendant.

¶8NOYES, Circuit Judge.

¶9The petition for removal is wholly insufficient, in that it fails to allege that the defendant is a nonresident of' this district. The allegations that he is an alien, and not a citizen of the state of New York, are quite consistent'with his residence here.

¶10The motion to remand is granted, and an order may be entered accordingly.

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