Ellerman v. New Orleans, etc., R.

WOODS, Circuit Judge.

The counsel for Ellerman, the plaintiff, as one reason why this court should not dissolve the injunction issued by the state court, says that the case has not been in fact removed to this court, and therefore we are without jurisdiction to entertain the motion. This preliminary question must therefore be first disposed of.

The first reason assigned by counsel for plaintiff why the case is not properly before this court is, because an order for removal was necessary to be made by the state court, and being made, was superseded by the suspensive appeal to the supreme court…