Washington ex rel. Ellis v. General Fruit Corp.
District Court, W.D. Washington
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above).
No suit may be removed to the federal court which could not have been originally brought in that court. 28 USCA § 71. In Covington & C. Bridge Co. v. Hager, 203 U. S. 109, at page 111, 27 S. Ct. 24, 25, 51 L. Ed. 111, Justice Day said: “That circuit courts of the United-States have no power to issue a writ of mandamus in an original action brought for the purpose of securing relief by the writ. * * *” See, also, Harley v. Firemen’s Fund Ins. Co. (D. C.) 245 F. 471; State of Washington ex rel. City of Seattle v. Puget Sound Light & Power Co. (D. C.) 243 F.…
2Cases cited11 opinions
- Geer v. Mathieson Alkali WorksSupreme Court of the United States · 1903
- Covington & Cincinnati Bridge Co. v. HagerSupreme Court of the United States · 1906
- Illinois ex rel. Hunt v. Illinois Cent. R.United States Circuit Court · 1888
- Harley v. Firemen's Fund Ins.District Court, W.D. Washington · 1913
- Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924
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