Blum v. Thomas & Germany
Texas Supreme Court
Appeal from Van Zandt. Tried below before the Hon. John C. Robertson. Suit in the district court of Van Zandt county against appellants, alleging the residence of Hyman Blum to be in New York, and the other defendants in Galveston county and Van Zandt county, Texas.
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Appeal from Van Zandt. Tried below before the Hon. John C. Robertson. Suit in the district court of Van Zandt county against appellants, alleging the residence of Hyman Blum to be in New York, and the other defendants in Galveston county and Van Zandt county, Texas. They claimed damages from defendants for the wrongful and forcible conversion and appropriation by defendants (appellants) of merchandise belonging to plaintiffs valued at $1,297.20, and for $1,000 to cover loss of profits expected to be derived from the sale of said merchandise. The petition was filed August 3,1880. November 11,…
1Opinion of the Court
West, Associate Justice.
After a good and sufficient petition for the removal of a cause from the state' court, where it is pending, to the United States circuit court, has been filed in the former court, it can enter no further order and take no further action in such cause. Tex. & P. R. R. Co. v. McAllister, 59 Tex., 349, and authorities there cited.
If, then, the petition and other steps taken for removal in this case are good and sufficient, all the subsequent proceedings of the district court of Van Zandt county were without authority.
Let us, then, inquire whether or not the proceedings…
2Cases cited9 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Barney v. LathamSupreme Court of the United States · 1881
- Hyde v. RubleSupreme Court of the United States · 1882
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Blake v. McKimSupreme Court of the United States · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Louis Werner Stave Co. v. PickeringCourt of Appeals of Texas · 1909
- Norwood v. Inter-State National BankTexas Supreme Court · 1898
- Block, Oppenheimer & Co. v. Sweeney & CoombsTexas Supreme Court · 1885