Texas & Pacific Railway Co. v. Eastin & Knox

Citations

• 214 U.S. 153
• 29 S. Ct. 564
• 53 L. Ed. 946
• 1909 U.S. LEXIS 1900

Syllabus

<p>The right of a defendant who has petitioned for removal of a case to the Federal court cannot be extended beyond what is necessary to defend the case; he cannot deny the jurisdiction after invoking it for affirmative relief.</p> <p>A defendant’s right to remove to the Federal court is amply protected. He may file his record in the Circuit Court and thereby completely take jurisdiction from the state court.</p> <p>Even though a defendant’s petition to remove is wrongfully denied by the state court, and in his answer he protests against the right of the state court to retain jurisdiction, if he asserts an affirmative remedy in the state court, as in this case in which he brought in a third party for liability over, he submits his whole case and cannot attack the action of the state court in denying his petition for removal in this court on writ of error.</p> <p>100 Texas, 556, affirmed.</p>