[Reusens SCOTUS Case (1885)] ‘The secretary of said company shall transmit to the Justices holding the First General Term in the First Department, in each year, a statement *under oath, showing its financial condition on - the Bist day of December preceding said state- ment.”’ Thereafter a general demurrer to the complaint of the plaintiff in error, was interposed by the defendant | in error, and when the issues of law, raised there- by, were upon the day calendar of said Supreme Court for trial, the ease was removed into the Cir- -enuit Court of the United States for the Southern 5 District of New York upon. the petition of the plaintiff in error. | 2 On or about the Ist day of December, 1884, an argument was had upon the demurrer before the Circuit Judge,and he rendered a decision in favor of the defendant in error upon said demurrer, but eranted leave to the plaintiff in error to answer the said complaint. See : Reusens vs. The Mexican National Construction Company, 22 Federal Reporter, 522. Thereafter the plaintiff in error answered the complaint, and on or about June 3d, 1885, the ac- tion was tried before the Honorable Hoyt H.