Burlington, Cedar Rapids & Northern Railway Co. v. Dunn

Citations

• 122 U.S. 513
• 7 S. Ct. 1262
• 30 L. Ed. 1159
• 1887 U.S. LEXIS 2130

Syllabus

<p>When a petition for a removal of the cause to a Circuit Court of the United States is filed in a cause pending in a state court, the only question left for the state court to determine is the question of law whether, admitting the facts stated in the petition to be.true, it appears on the face of the. record, including the petition, the pleadings and the proceedings down to that time, that the petitioner is entitled-to a removal; and if an issue of fact is made upon the petition, that issue must be tried in the Circuit Court.</p>