Miller v. Soule

Citations

• 221 F. 493
• 1915 U.S. Dist. LEXIS 1602

Syllabus

<p>1. Removal of Causes <§=>86—Nonresidence of Defendant—Allegation in Petition of Removal.</p> <p>A petition by defendant for removal to a federal court of a cause in a Pennsylvania state court, which avers that it is a resident of New Jersey, is sufficient under Judicial Code (Act March 3, 1911, c. 231, 36 Slat. 1087), authorizing removal by defendant, “being a nonresident” of the state, where the record of the state court clearly shows the fact both of the New Jersey residence of defendant and nonresidence in Pennsylvania.</p> <p>[Ed. Note.—For other cases, see Removal of Causes, Cent. Dig. §§ 132, 166-179; Dee. Dig. <§=>86.1</p> <p>2. Removal of Causes <§=>86—Grounds—Procedure.</p> <p>To authorize removal of a cause from a state to a federal court, the facts on which the right is based must exist, and they must be alleged of record through appropriate pleadings, accompanied by the formalities prescribed by law.</p> <p>[Ed. Note.—For other cases, see Removal of Causes, Cent. Dig. §§ 132, 166-179; Dec. Dig. <§=>86.]</p> <p>3. Removal of Causes <§=>95—Grounds—Procedure.</p> <p>Where jurisdictional facts authorizing removal of a cause from a state to a federal court exist and are properly pleaded, and all the requirements oE the law are met, the cause is in contemplation of law removed, and further proceedings in the state court are void, for the cause is ipso facto removed.</p> <p>[Ed. Note.—For other cases, see Removal of Causes, Cent Dig. §§ 201, 205; Dec. Dig. <§=>95.]</p> <p>4. Courts <§=>50S—Removal of Cause—Exercise of Jurisdiction by State Court—Injunction by Federal Court.</p> <p>Where plaintiff proceeds with a case in the state court, notwithstanding removal thereof by defendant properly pleading jurisdictional facts for removal and complying with the statutory requirements, defendant may by suit iu federal courts enjoin plaintiff from the prosecution of the case in the state court, and thereby procure a determination of the question of the right of remova