In Re Metropolitan Trust Co. of New York
Supreme Court of the United States
APPLICATION FOR A WRIT OF PROHIBITION OR MANDAMUS. All parties to the record who appear to have any interest in the challenged ruling must be given an opportunity to be heard on an appeal, and the decision of the Circuit Court of''Appeals reversing a decree of the Circuit Court applies only to the parties brought before that court.
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APPLICATION FOR A WRIT OF PROHIBITION OR MANDAMUS. All parties to the record who appear to have any interest in the challenged ruling must be given an opportunity to be heard on an appeal, and the decision of the Circuit Court of''Appeals reversing a decree of the Circuit Court applies only to the parties brought before that court. After the Circuit Court has refused to remand; has tried the issues and entered judgment dismissing the complaint as to certain defendants, it cannot, after the Circuit Court of Appeals has, on an appeal to which such defendants were not made parties, reversed the…
1Opinion of the CourtJustice Hughes
When the complainant moved to remand the cause the Circuit Court had -jurisdiction to determine whether or not a separable controversy existed which justified the removal from the state court. Its decision was an act within its judicial authority, subject to review upon appeal after final decree. On the application made to this court in In re Pollitz, 206 U. S. 323, for a writ of mandamus to compel the remand, the court said (pages 331, 333):
“The issue on the motion to remand was whether such determination could be had without the presence of defendants other than the Wabash Railroad Company,…
2Cases cited14 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Craig v. LeslieSupreme Court of the United States · 1818
- Phillips v. NegleySupreme Court of the United States · 1886
- Ex Parte BradleySupreme Court of the United States · 1869
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3Cited by49 opinions
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Ex Parte United StatesSupreme Court of the United States · 1916
- United States v. MayerSupreme Court of the United States · 1914
- Gladys Allen and J. Patrick Craddock v. Robert FergusonCourt of Appeals for the Seventh Circuit · 1986
- Ex Parte RoeSupreme Court of the United States · 1914
44 more not listed; retrieve them via the Exa API.