Madisonville Traction Company v. Saint Bernard Mining Company

Citations

• 196 U.S. 239
• 25 S. Ct. 233
• 49 L. Ed. 462
• 1905 U.S. LEXIS 898

Syllabus

<p>Li regard to the removal of eases the .following principles have been settled: If the case be a removable one,-that is, if the suit, in its nature, be one of which the' Circuit Court could rightfully take jurisdiction, thén upon the filing of a petition for removal, in due time, with a sufficient bond, the case is, in law, removed, and the state court in which it is pending will lose jurisdiction to proceed further, and all subsequent proceedings in that court will be void»</p> <p>After the presentation of a sufficient petition and bond to the state court in a removable case, it is competent for the Circuit Court, by a proceeding ancillary in its nature — without violating §. 720,. Rev. Stat., forbidding a court of the United States from enjoining proceedings in a state court — to restrain the party against whom a cause has' been legally removed from taking further steps in the state court.</p> <p>If upon the face of the record, including the petition for removal, a suit does not appear to be a removable one,, then the state court is not bound to surrender its jurisdiction, and may proceed as if no application for removal had been made.</p> <p>Under the judiciary act of 1887, 1888, a suit cannot be removed from a state court unless it could originally have been brought in the Circuit Court of the United States.</p> <p>A State cannot by any statutory provisions withdraw a suit in which there is a controversy between citizens of different States from the cognizance of the Federal courts.</p> <p>A proceeding brought by a Kentucky railroad company in the County Court under §§ 835-839, Kentucky Statutes; to condemn lands fora public use, valued at over $2,000, belonging to a corporation which is a citizen of another State, is a suit involving a controversy to which the judicial power of the United States extends within the meaning of the judiciary clauses of the Constitution and of which the Circuit Court has original cognizance under § 1 of the judiciary act of 1887