Akerly v. Vilas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. After the decision of this cause, on appeal from a judgment against Vilds, as reported in 23 Wis. 207-223, and after it had been remitted for a new trial, the circuit court, on plaintiff’s motion, made an order transferring it to the United States circuit court for the district ol Wisconsin; and from this order Vilas appealed. to the point that this court had ho jurisdiction to hear or determine this appeal, and that all…
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APPEAL from the Circuit Court for Dane County. After the decision of this cause, on appeal from a judgment against Vilds, as reported in 23 Wis. 207-223, and after it had been remitted for a new trial, the circuit court, on plaintiff’s motion, made an order transferring it to the United States circuit court for the district ol Wisconsin; and from this order Vilas appealed. to the point that this court had ho jurisdiction to hear or determine this appeal, and that all proceedings in the cause in any state court, after the order for the removal was made, would be coram non jtcdice, cited Gordon…
1Opinion of the CourtPaiue, J.
This is an appeal from an order of the Dane circuit court, sending the case to the United States circuit court for the district of Wisconsin. The applica*166tion for removal was made by tbe plaintiff under the act of congress of March 2,1867. And the appellant claims that the order was erroneous upon two grounds : first, that the case was not within the act; secondly, that, if it were within it, the act itself, so far as it professes to authorize a non-resident plaintiff, who had commenced his suit in the state court, to obtain a removal, is invalid.
The respondent’s counsel have declined to argue…
2Cases cited9 opinions
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