Anderson v. United Realty Co.

Citations

• 79 Ohio St. (N.S.) 23

Syllabus

<p>Removal of suit from state to federal court — Party procures withdrawal of petition — And prosecutes action in state court — Under agreement — Objection to jurisdiction cannot be made, when —Devise to son, and if he dies without lineal descendants,, etc., then over — Not sufficient to create estate in lineal descendants— Son takes a fee defeasible — Law of vuills.</p> <p>1. Upon the filing in a state court of-th'e requisite petition and bond for the removal of the suit to a federal court, the state court is divested of jurisdiction; but a party who procures the withdrawal of the .petition and bond, by the party who filed it, before any action in the federal court, and then dismisses his action in the state court as to the party who filed the petition for removal, and by agreement with the remaining parties prosecutes the suit in the state court, cannot be heard, after judgment against him, to assert that the jurisdiction of the state court had not been restored.</p> <p>2, Where, in a will, there is a devise to a son, and if he dies without lineal descendants, living at the time of his decease, then over, these words are not, by themselves, without assistance from other parts of the will, sufficient to create an estate by implication in the lineal descendants, but the son takes a fee defeasible upon his death without lineal descendants, living at the time of his decease, and in the event of lineal descendants living at the time of the son’s decease his fee becomes absolute and such descendants have no interest under the will as against his grantee.</p>