Kidder v. Northwestern Mut. Life Ins.

Citations

• 117 F. 997
• 1902 U.S. App. LEXIS 5165

Syllabus

<p>1. United States Courts—Removal of Causes—Right of Interveners.</p> <p>Where, in an action to recover the proceeds of a check, petitioners attempted to intervene and claim the proceeds after the original defendant had lost the right to remove the cause to the federal courts by filing an answer and submitting itself to the jurisdiction of the state court, such interveners were not entitled to removal for the reason that they were not defendants, and, having connected themselves with the suit at the time it was not removable by the original defendant, they had no right of removal.</p> <p>2. Same—Decision of State Court—Effect on Federal Court.</p> <p>The circuit court of the United States has no power to review a decision of the state court denying intervention on a petition by the interveners to remove the cause; such decision, however erroneous, being binding on the federal court.</p>