German National Bank v. Speckert
Citation | 45 L.Ed. 926,21 S.Ct. 688,181 U.S. 405 |
Decision Date | 13 May 1901 |
Docket Number | No. 192,192 |
Parties | GERMAN NATIONAL BANK et al., Appts. , v. A. J. SPECKERT, Jacob Frankel, Harriet Frankel, et al |
Court | United States Supreme Court |
Messrs. Alexander Pope Humphrey, John G. Carlisle, and Wm. M. Smith for appellants.
Messrs. John L. Dodd, J. C. Dodd, Aaron Kohn, David W. Baird, and T. W. Spindle for appellees.
This was a bill in equity, commenced in a court of the state of Kentucky, and removed, on petition of the defendant, into the circuit court of the United States for the district of Kentucky. The circuit court of the United States denied a motion to remand the case to the state court (85 Fed. Rep. 12), and afterwards dismissed the bill upon its mertis. The plaintiff appealed to the circuit court of appeals, which reversed the decree and ordered the circuit court to remand the case to the state court. 38 C. C. A. 682, 98 Fed. Rep. 151. From the order of the circuit court of appeals the plaintiffs appealed to this court.
In Chicago & A. R. Co. v. Wiswall (1874) 23 Wall. 507, 23 L. ed. 103, a case was removed from a state court into a circuit court of the United States; the circuit court, being satisfied that it had no jurisdiction, ordered the case to be remanded to the state court; and a writ of error to review the order remanding it was dismissed by this court, upon the ground that
By the act of March 3, 1875, chap. 137, § 5, it was provided that an order of the circuit court, dismissing or remanding a cause to the state court, should be reviewable by this court on writ of error or appeal. 18 Stat. at L. 472. Under that statute, many cases were brought to this court by appeal or writ of error for the review of such orders.
But by § 6 of the act of March 3, 1887, chap. 373, as re-enacted by the act of August 13, 1888, chap. 866, that provision was expressly repealed; and by § 2 it was enacted that whenever the circuit court of the United States should decide that a cause had been improperly removed, and order it to be remanded to the state court from which it came, 'such remand shall be immediately carried into execution, and no appeal or writ of error from the decision of the circuit court so remanding such cause shall be allowed.' 24 Stat. at L. 553, 555; 25 Stat. at L. 435, 436.
Under that statute is has been constantly held that this court has no power to review by appeal or writ of error an order of a circuit court of the United States remanding a cause to a state court.
In the first case Chief Justice Waite said: Morey v. Lockhart (1887) 123 U. S. 56, 31 L. ed. 68, 8 Sup. Ct. Rep. 65. And it was held that the act prohibited a writ of error after that statute took effect to review an order of remand made while the act of 1875 was in force. Sherman v. Grinnell (1887) 123 U. S. 679, 31 L. ed. 279, 8 Sup. Ct. Rep. 260.
By the act of February 25, 1889, chap. 236, it was provided that 'in all cases where a final judgment or decree shall be rendered in a circuit court of the United States, in which there shall have been a question involving the jurisdiction of the court,' the losing party should be entitled to an appeal or writ or error to this court, without reference to the amount of the judgment, but limited, when that amount did not exceed $5,000, to the question of jurisdiction. 25 Stat. at L. 693. It was held that this act did not authorize an appeal from an order of the circuit court of the United States remanding a case to the state court for want of jurisdiction, because 'the words 'a final judgment or decree,' in this act, are manifestly used in the same sense as in the prior statutes which have received interpretation, and these orders to remand were not final judgments or decrees, whatever the ground upon which the circuit court proceeded.' Richmond & D. R. Co. v. Thouron (1890) 134 U. S. 45, 33 L. ed. 871, 10 Sup. Ct. Rep. 517. A similar decision was made in Gurnec v. Patrick County (1890) 137 U. S. 141, 34 L. ed. 601, 11 Sup. Ct. Rep. 34.
In the case of Re Pennsylvania Co. (1890) 137 U. S. 451, 34 L. ed. 738, 11 Sup. Ct. Rep. 141, it was held that the acts of 1887 and 1888 took away the remedy by mandamus, as well as that by writ of error or appeal, in the case of an order of remand, and Mr. Justice Bradley, in delivering judgment, after quoting § 2 of those acts, said: ...
To continue reading
Request your trial-
Mississippi Power & Light Co. v. Pitts
... ... Peoples ... Bank v. Pennington, 102 So. 386; Pickford v ... Ladner, 107 So. 658; ... 277; ... Tremper v. Schwabacher, 84 F. 413; Speckart v ... German Nat. Bank, 85 F. 12, 98 F. 151, 21 S.Ct. 688, 181 ... U.S. 405, 45 L.Ed ... ...
-
Gay v. Ruff
...court; to writs of error to a state court after final judgment there; and to mandamus in this Court.4 In German National Bank v. Speckert, 181 U.S. 405, 409, 21 S.Ct. 688, 45 L.Ed. 926, where the trial court had refused to remand the case to the state court and the Circuit Court of Appeals ......
-
Vaughan v. McArthur Bros. Co.
... ... 556, 580, 16 Sup.Ct. 389, 40 ... [227 F. 367] ... L.Ed. 536; German Nat. Bank v. Speckert, 181 U.S ... 405, 21 Sup.Ct. 688, 45 L.Ed. 926 ... ...
-
Meyers Store Co. v. Colorado Milling & Elevator Co
... ... shipment being attached and payable to Planters' National ... Bank of Walnut Ridge, Arkansas, and being drawn through that ... Mo. Pac. Rd. Co. v ... Tompkins, 157 Ark. 16, 247 S.W. 54; German ... National Bank v. Speckert, 181 U.S. 405, 21 ... S.Ct. 688, 45 L.Ed ... ...