Jackson v. Alabama Great Southern Railroad

Citations

• 58 Miss. 648

Syllabus

<p>1. Appeal. From order of removal to Federal court. Character of judgment.</p> <p>An order of a Circuit Court of this State granting an application by one of the-parties for the removal of a case to a Circuit Court of the United States, under sect. 639 of the Revised Statutes of the United States, and declaring that the State court will proceed no further in the case, is not a final judgment from which an appeal can be taken to this court.</p> <p>2. Jurisdiction. Federal and State courts. Removal of case.</p> <p>Where an application for the removal of a case from a State Circuit Court to a United States Circuit Court has been granted by the former, it is -then the-province of the latter to determine whether such removal is proper under the statutes of the United States. If the Federal court should take jurisdiction of such case, it must be conducted in that court and be there determined, unaffected by any steps that may be taken in any of the State courts; but if the Federal court should refuse to take cognizance of the case, it must, after such refusal, be proceeded with in the State court as a pending ease.</p> <p>3. Same. State and Federal courts. Removal of case.</p> <p>A State court to which an application for the removal of a case pending therein is made, must decide, in the first instance, whether it will proceed no further in the case, and should not pause in it except when satisfied that the application comes within the act of Congress on the subject; but the ultimate decision of the question of removal rests with the United States courts.</p>