Legal Opinion · Dissent

American Fire & Casualty Co. v. Finn

Supreme Court of the United States

Decided April 9, 1951No. 252Published

1DissentJustice Douglas, joined by Justice Black and Justice Minton

I think petitioner, having asked for and obtained the removal of the case to the Federal District Court, and having lost its case in that court, is now estopped from having it remanded to the state court.

Mere irregularity in the removal may be waived where the suit might originally have been brought in the Federal District Court. Baggs v. Martin, 179 U. S. 206.1 That was a suit against a receiver which could have been instituted in the federal court. It was removed there by the receiver and judgment rendered against him. The court did not stop to inquire whether there had been a compliance…

2Cases cited9 opinions

  1. Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
  2. Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
  3. Torrence v. SheddSupreme Court of the United States · 1892
  4. Martin v. SnyderSupreme Court of the United States · 1893
  5. Handley-Mack Co. v. Godchaux Sugar Co.Court of Appeals for the Sixth Circuit · 1924

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