Erwin v. Walsh

This is a motion to remand to the state court. The suit in the state court was a proceeding by mandamus to compel the defendant, a citizen of Connecticut, who is judge of the probate court for the district of Berlin, to allow the plaintiff’s appeal to the superior court for the county of Hartford, from a decree of the said probate court approving the last will of C. B. Erwin, deceased. The petition and bond were filed in time, and are in proper form. The plaintiff, a citizen of Nebraska, removed the cause.

The defendant moves to remand because—

First. Circuit courts of the United States cannot,…