#### MAYO v. DOCKERY.

(October 9, 1900.)

Removal of Clauses — Order, Non-appealable.

Order of State court to its clerk to certify the record to a federal courts after the latter court has ordered it removed is not appealable.

Civil ActioN, by L. H. Mayo against H. 0. Dockery, beard by Judge A. L. Goble, at May Term, 1900, of Beaueort Superior Court. From an order directing tbe Clerk to certify tbe record to tbe Federal Court, tbe plaintiff appealed.

Ghas. F. Warren and Wm. B. Rodman, for plaintiff.

Fabius II. Busbee, for defendant.

Faiecloth, 0. J.

The plaintiff sues for damages in an alleged unlawful seizure and conversion of bis property. On application of tbe defendant, tbe Judge of tbe Circuit Court for the Eastern District of North Carolina ordered that tbe suit be removed to said Circuit Court, and that all proceedings therein be certified to said Court. At May Term of tbe Superior Court, his Honor made this entry in tbe cause: *2“That the Clerk of this Court is directed to certify the record in this cause” to said Circuit Court., from which order the plaintiff appeals to this Court. We can not consider the merits of the appellant’s exceptions; for the reason, that, in our opinion, the order appealed from was non-appealable. The order does not profess to remove the cause to the Federal Court, nor to stay proceedings in the Superior Court, nor do we think that is its legal effect. The order simply directed the Clerk to do an act which ho was bound by laAV to do without direction. The statute provides that, if the Clerk of the State Court.' shall refuse to any one of the parties applying for removal a copy of the record in the cause, he shall be deemed guilty of a misdemeanor, and shall be fined or imprisoned, or both, in the discretion of the Court. Act March 3, 18Y5, sec. Y (18 Stat. 4Y0).

Appeal dismissed.