Rosborough

The above-entitled appeals were taken separately and on separate transcripts, but, by agreement of counsel, were briefed and argued together. With exception of the description of tho land, tho points involved are practically identical, and we will, therefore, deal with the two eases in a single opinion.

The proceedings were in eminent domain, instituted by Chelan county, Wash., in the superior court of that county, and removed to the United States District Court upon the application of appellants, who are residents of the city of Philadelphia, Pa. In the petition for removal, tho petitioners allege that they have appeared specially solely for the purpose of removal. Upon the removal of the case to the United States District Court for the Eastern district of Washington, appellants made a motion to make more definite and certain the allegations of the complaint, and also demurred to the complaint, but in both demurrer and motion the appellants reserved and retained their special appearance and their right to question the jurisdiction of the court. It is claimed by tho appellee that under these circumstances there was a general appearance. This point, however, is not well taken. The…