Kelly v. Grand Circle, Women of Woodcraft

Citations

• 129 F. 830
• 1904 U.S. App. LEXIS 4776

Syllabus

<p>i. Federal Courts — Removal of Cause — Special Proceedings — Mandamus.</p> <p>A proceeding for mandamus under 2 Ballinger’s Ann. Codes & St. § 5765, authorizing such proceedings to be commenced by the filing of a motion supported by affidavits, and authorizing the assessment of damages and costs when a judgment is given in favor of the applicant, together with the issuance of a peremptory writ, is a special proceeding, and not a suit “of a civil nature at common law or in equity,” and, not being ancillary to any other case of which the federal court had acquired jurisdiction, was not removable to such court.</p> <p>If 1. See Removal of Causes, vol. 42, Cent. Dig. § 16.</p>