Ex Parte Wisner

Citations

• 203 U.S. 449
• 27 S. Ct. 150
• 51 L. Ed. 264
• 1906 U.S. LEXIS 1608

Syllabus

<p>The Supreme Court of the United St'ates alone possesses jurisdiction derived immediately from the Constitution and of which the legislative power cannot deprive it; that of the Circuit Court depends on some act of Congress.</p> <p>No suit which could not have been originally brought in the Circuit Court pf the United States can be removed therein from the state court.</p> <p>'Under §§ 1, 2, 3, of the act of March 3, 1875, 18 Stat. 470, as amended by the act of March 1, 1887, 24 Stat. 552, corrected by the act of August 13, 1888, 25 Stat. 433, an action commenced in a state court, by a citizen of another State, against a non-resident defendant who is a citizen of a State other than that of the plaintiff cannot be removed by the defendant into the Circuit Court of the United States.</p> <p>Where the Circuit Court refuses to remand to the state court a case removed to it, but over which it has no jurisdiction, mandamus from this court is the proper remedy and not prohibition.</p>