Des Moines Navigation & Railroad v. Iowa Homestead Co.

Citations

• 123 U.S. 552
• 8 S. Ct. 217
• 31 L. Ed. 202
• 1887 U.S. LEXIS 2195

Syllabus

<p>ERROR TO THE SUPREME COURT OF THE STATE OF IOWA.</p> <p>The Supreme Court of the State of Iowa, in deciding this cause, held, and so stated in its opinion, that the question of prior adjudication of the issue by this court in I-Iomestead Valley v. Railroad Company, 17 Wall..153, was not raised before it by counsel for defendant, and therefore was not in the case; and it decided the case without considering that point. On examining the opinion of that court, and the record and briefs, and the briefs in the court below in this case and in the case of Litchfield v. Good-now, ante, 549, this court is of opinion that the point was raised and discussed in the Supreine Court of Iowa, and holds that the action of that court in respect of it was equivalent to a denial of the Federal right so set up.</p> <p>If a cause is removed in a regular manner from a state court to a Circuit Court of the United States, on motion of one or more of several defendants who have a right to have it removed as to him or them, and the Circuit Court takes jurisdiction, and all parties defendant appear, and no objection to the jurisdiction is made, and the cause proceeds to final judgment, the judgment remains in force and of binding effect upon all the parties, until judicially vacated, although it appears on the face of the record that some of the defendants, who did not join in the petition for removal, were citizens of the same State with the plaintiff.</p>