Lawrence v. Morgan's Railroad & Steamship Co.

Citations

• 121 U.S. 634
• 7 S. Ct. 1013
• 30 L. Ed. 1018
• 1887 U.S. LEXIS 2081

Syllabus

<p>Land in Louisiana claimed by L., a citizen of New Jersey, having been seized on an execution recovered in.a state court of Louisiana, L. filed “ a petition of third opposition ” under the practice in that state, asking for an injunction against tlie sheriff to restrain the sale. It was stated in tlie petition that the state judge of the district was absent from the state, and am order of injunction was granted by the clerk of the court under circumstances set out in the opinion of this court. L. then petitioned for the removal of the cause to. the Circuit Court; which was done. The Circuit Court remanded the cause to the state court. Held, that under tlie circumstances no injunction had been granted by the state court; that the case must be treated as having beeu taken to the Circuit Court to get an injunction; and that it was properly remanded.</p>