Ex Parte Gruetter

Citations

• 217 U.S. 586
• 30 S. Ct. 690
• 54 L. Ed. 892
• 1910 U.S. LEXIS 1985

Syllabus

<p>Where the Circuit Court has jurisdiction to determine questions presented on a motion to remand a case to the state court and denies the motion mandamus will not lie to compel it to remand the case. In re Pollitz, 206 U. S. 323.</p> <p>In this ease diverse citizenship éxisted but plaintiff moved to remand-because the suit was not of a civil nature but for a penally, because -the record did not show that plaintiff or defendant resided in the District to which removal was sought, and because defendant did not specifically pray for removal of cause; held that the Circuit Court had jurisdiction to determine whether the ease was removable and that mandamus would not lie to compel the Circuit Judge to remand the cause.</p>