Powers v. Chesapeake & Ohio Railway Co.

Citations

• 169 U.S. 92
• 18 S. Ct. 264
• 42 L. Ed. 673
• 1898 U.S. LEXIS 1474

Syllabus

<p>A judgment of tlie Circuit Court of the United States, against a party contending that that court has no jurisdiction because the case has not been duly removed from a state court, may be reviewed as to the question of jurisdiction by this court upon writ of error directly to that court under the act of March 3, 1891, c. 517, § 5.</p> <p>An order of the Circuit Court of the United States, remanding a case to a state court, is not reviewable by this court.</p> <p>An action brought in a state court, which, by reason of joinder as defendants of citizens of the same State as the plaintiff, is not a removable one under the act, of Congress until after the time proscribed by statute or rule of court of the State for answering the declaration, may, upon a subsequent discontinuance in that court by the plaintiff against those defendants, making the action for the first time a removable one by reason of diverse citizenship of the parties, be removed into the Circuit Court of the United States by the defendant upon a petition filed immediately after such discontinuance, and before taking any other steps indefence of the action.</p> <p>If sufficient grounds for the removal of a case into the Circuit Court of tlieUnited States are shown upon the face of the petition for removal and of the record of the state court, the petition for removal may be amended in' the Circuit Court of the United States by stating more fully and distinctly the facts which support those grounds.</p> <p>The right of a party to insist that a case has been duly removed into the Circuit Court of the United States is not lost or impaired by his making defence in the state court, after that court had denied his petition for removal.</p>