Durham v. Southern L. I. Co.

Citations

• 46 Tex. 182

Syllabus

<p>1. Jurisdiction—Removal op cause to a United States Court.—The filing of an application, in due form, for the removal of a cause from a State court toa Circuit Court of the United States, which contains a good cause for removal, under the laws of the United States, when the same is filed by one authorized by law to make the application, and the filing of the bond required in such case, have the effect to suspend instantly the jurisdiction of the State court.</p> <p>2. Appeal—Practice—Final judgment.—FTo appeal lies to the Supreme Court of the State from an order removing a cause to a Federal court, there being no final judgment, in contemplation of law, rendered. The right of the party to have the cause transferred, on his application, under the laws of the State and of the United States, could only be inquired into by the Supreme Court of the State, on a refusal of the application, and after'final judgment.</p> <p>3. Jurisdiction.—When a cause lias been improperly transferred from a State court to a court of the United States, the United States court alone has jurisdiction to correct the error.</p>