
    Corp against Vermilye.
    ALBANY,
    Feb. 1808.
    The affidavit tiun^made'to remoYi: tiie, cause into tiie circuit court of Uniteii States, must state expressly, that one of t]-e parties is a °f im0" thcl* state,
    SPECIAL bail having been filed in this cause, the defendant presented his petition, stating, that he was “ a resident of the state of New-Jersey, and that he was desirous of removing; the cause into the next circuit court ° . . of the United States, to be held in and for the district of New-Tork, in the second circuit,” and offered sufficient ’ ’ security for entering in the said court, on the first day of . . -i-t ,• , r its next session, true copies oí the proceedings, and ror his appearance in that court, on that day, and entering spee e e cial bail m that court.
    Johnson, for the defendant,
    moved, that the security offered be accepted, that the bail given in this court be discharged, and that all further proceedings be stayed.
    Henry, contra,
    objected, that the petition and affidavit of the defendant, stated merely that he was a resident of New-Jersey, not that he was a citizen of that state.
   Per Curiam.

The defendant ought to have shown, that lie was a citizen of New-Jersey.

Motion denied. 
      
       See 3 Dallas, 382. 2 Cranch, 1. 126.
     