Kelly v. Great Atlantic & Pacific Tea Co.

PARKER, Circuit Judge.

This action was begun in a state court and removed by petition into the court below. Motion by plaintiff to remand to the state court was overruled, whereupon counsel noted an exception, and, stating that they refused to recognize the jurisdiction of the court and that they would not further prosecute the cause therein, moved for a judgment dismissing it, which was allowed. From this judgment of dismissal, plaintiff has appealed, assigning as error only the order refusing remand. As the appeal was not from this order, which is not appealable but is reviewable on appeal…