Bank of America Nat. Trust & Savings Ass'n v. United States Nat. Bank

This action is to establish a trust on behalf of plaintiff in certain of the assets of the United States National Bank of Los Angeles. The complaint was originally filed against the bank and H. F. Schilling as receiver thereof; the bank having closed its doors and defendant Schilling having been appointed receiver by the Comptroller of the Currency.

The complaint was filed in the state court on November 23, 1932. On December 8, 1932, at 10:08 a. m. the receiver filed in the office of the county clerk his petition for removal, together with the required bond. On the same day at 1:50 p. m. there was filed in the office of the county clerk notice of the petition for removal. It is agreed by the parties that notice of the petition and of the bond for removal was not given to the plaintiff before the petition and bond were filed, but was given a few hours afterwards and on the same day- After the petition and bond for removal had been filed in the state court and notice served on plaintiff, but before the hearing of the motion for removal, plaintiff dismissed as against defendant Schilling, the receiver. At the hearing in the state court, the petition for removal was denied, and a…