St. Anthony Falls Water-Power Co. v. Kings Wrought-iron Bridge Co.
Supreme Court of Minnesota
Action against the defendant, a Kansas corporation, to recover the agreed price of 5,035.30 perch of stone, taken by the defendant from plaintiff’s land, under the circumstances stated in the opinion. The cause, being at issue, was called for trial at a general term of the district court for Hennepin county, Vanderburgh, J., presiding, on December 17, 1874, and a jury was called to try it.
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Action against the defendant, a Kansas corporation, to recover the agreed price of 5,035.30 perch of stone, taken by the defendant from plaintiff’s land, under the circumstances stated in the opinion. The cause, being at issue, was called for trial at a general term of the district court for Hennepin county, Vanderburgh, J., presiding, on December 17, 1874, and a jury was called to try it. Thereupon the defendant — which had previously filed its verified petition under U. S. Key. St. § 639, praying for 'the removal of the action to the United States circuit •court for Minnesota — presented…
1Opinion of the CourtGileillan, C. J.
The order of the court below, refusing 'to transfer the cause to the United States circuit court, does not come within any of the subdivisions of Gen. St. c. 8(1, § 8, and is not appealable. The appeal from it is, therefore, ■dismissed.
Where a party to a suit complies in proper time with the ■requirements of the law of congress regulating removals from state to the federal courts, the state court at once loses jurisdiction of the cause. No order of the state court is necessary. Should the state court proceed to trial and .judgment after that has been done, its judgment will be reversed for…
2Cases cited1 opinion
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
3Cited by15 opinions
- Kadota v. City & County of San FraciscoCalifornia Court of Appeal · 1958
- State v. JohnsonSouth Dakota Supreme Court · 1910
- Jewell v. Grand Lodge Ancient Order of United WorkmenSupreme Court of Minnesota · 1889
- Scheffer v. National Life Insurance Co. of the United StatesSupreme Court of Minnesota · 1879
- Bettis v. SchreiberSupreme Court of Minnesota · 1883
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