Marshall v. Holmes
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS FOR THE SECOND CIRCUIT OF THE STATE OF LOUISIANA. The court stated the case as follows: On the 20th day of April, 1885, the plaintiff' in error, Mrs. Sarah E. Marshall, a citizen of New York, filed in the Eighth District Court for the Parish of Madison, Louisiana, a' petition for injunction, representing that David Mayer, one of the defendants in error, had then recently obtained, in a suit in that court, a judgment against her for the sum of…
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ERROR TO THE COURT OF APPEALS FOR THE SECOND CIRCUIT OF THE STATE OF LOUISIANA. The court stated the case as follows: On the 20th day of April, 1885, the plaintiff' in error, Mrs. Sarah E. Marshall, a citizen of New York, filed in the Eighth District Court for the Parish of Madison, Louisiana, a' petition for injunction, representing that David Mayer, one of the defendants in error, had then recently obtained, in a suit in that court, a judgment against her for the sum of $127.5.0; that in pursuance of an agreement that judgment- in one suit should be decisive of other suits, in the same…
1Opinion of the Court
Mr. Justice Harlan,
after stating the case, delivered-the opinion of the court.
After the filing of the petition for removal, accompanied by a sufficient bond, and alleging that the controversy was wholly between citizens of different States, the state court was without authority to proceed further if the suit, in its nature, is one of which the Circuit Court of the United States could rightfully take jurisdiction. If,, under the act of Congress, the cause was removable, then, upon the filing of the above petition and bond, it was in law removed so as to be docketed in that court,…
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