Rorick v. Chancey

After argument on the rehearing, granted in this case, I am inclined to the view that the position taken by us in our original opinion in this case is erroneous, in that it would result in the establishment of a rule in this State which would penalize a party for applying for the removal of a cause pending in a court of this state to the federal court and would violate the rule of comity between state and federal courts. I still agree with the general statement made by Mr. Justice CHAPMAN in his opinion upon the original hearing, that it is within the power of a state court to determine what…