Legal Opinion
Miles v. Layton
Supreme Court of Delaware
Decided January 21, 1937PublishedCited by 25 opinions
1Opinion of the Court
Rodney, J.,
delivering the opinion of the Court:
It seems to be hardly questionable that when a matter properly removable to a Federal Court is in fact so removed, then further proceedings in such matter should await the action in the Federal Court.
*417The mere fact of removal, however, neither deprives nor excuses a State Court from the duty of determining the legal propriety of the removal, as shown by the petition, and as distinguished from factual considerations outside of the petition. Stone v. South Carolina, 117 U. S. 430, 6 S. Ct. 799, 29 L. Ed. 962.
Since the Judges then constituting the…
2Cases cited33 opinions
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Barrow v. HuntonSupreme Court of the United States · 1879
- Mississippi Mills v. CohnSupreme Court of the United States · 1893
- King v. BrooksSupreme Court of Pennsylvania · 1873
28 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Kam Chin Chun Ming v. Kam Hee HoHawaii Supreme Court · 1962
- Osmond v. SpenceDistrict Court, D. Delaware · 1971
- Pueblo v. HennemanSupreme Court of Puerto Rico · 1942
- In Re Estate of WestNebraska Supreme Court · 1987
- Tims v. Holland Furnace Co.Ohio Supreme Court · 1950
20 more not listed; retrieve them via the Exa API.