Wing v. Chicago & N. W. R'y Co.

Citations

• 1 S.D. 455
• 47 N.W. 530
• 1891 S.D. LEXIS 48

Syllabus

<p>1. The effect of the admission of a part of the Territory of Dakota as the State of South Dakota, and the erection of federal courts therein, (Act. ■ Cong, approved Feb. 22, 1889,) was ipso facto to extinguish the territorial government, and its territorial courts..</p> <p>2. The above mentioned act makes provision for the disposition of all cases pending- in the territorial courts at the time of the admission of South Dakota into the Union, and the circuit and district courts, respectively, of the United States are declared to be the successors of the supreme and district courts of the territory, if the circuit and district courts of the United States mig-ht have had jurisdiction under the laws of the United States, had such courts existed at the time of the commencement of such cases.</p> <p>3. No civil action, cause, or proceeding in which the United Statos is not a party, can be transferred to such courts, except upon the written request of one of the parties to such action or proceeding, filed in the proper court, before the party has proceeded actively in the cause pending in the local court. The jurisdiction of the state court is absolute and unqualified until the written request is made.</p> <p>4. Parties have a right to continue the case in the state courts, irrespective of its federal character. As soon as any active steps have been taken, any acts performed, that show presumptively that an election, has been made to remain in the state court, the jurisdiction of the state court becomes complete, and no transfer will take place.</p> <p>(Syllabus by the court.</p>