In re Matthew Addy Steamship & Commerce Corporation. riginal, 30
Decision Date | 16 May 1921 |
Docket Number | No. 30,O,30 |
Citation | 256 U.S. 417,65 L.Ed. 1027,41 S.Ct. 508 |
Parties | In re MATTHEW ADDY STEAMSHIP & COMMERCE CORPORATION. riginal |
Court | U.S. Supreme Court |
Mr. T. K. Schmuck, of New York City, for petitioner.
Messrs. Edward R. Baird, Jr., and Gilbert R. Swink, both of Norfolk, Va., for respondent.
The Coalmont Moshannon Coal Company, a Pennsylvania corporation, filed its petition in the circuit court of the city of Norfolk, Va., against the petitioner, Matthew Addy Steamship & Commerce Corporation, a Delaware company, for the recovery of damages for the alleged breach of a contract, and, under Virginia practice, garnisheed other defendants. In due time, and in proper form, the defendant, the petitioner herein, filed its petition for the removal of the case to the District Court of the United States for the Eastern District of Virginia. Thereafter the plaintiff in the state court filed a motion to remand the case claiming that it was not removable for the reason that the plaintiff and the principal defendant were nonresidents of the Eastern District of Virginia. The District Court sustained this motion and ordered the case remanded to the state court.
The petition in this proceeding prays that a writ of mandamus shall be issued, directing the District Judge for the Eastern District of Virginia, to vacate the order remanding the case, to redocket it in the District Court, and that it thereupon be heard and determined according to law. A rule to show cause was issued and the judge has filed his return, in which he asserts that the petition should be dismissed, for the reason that mandamus is not an appropriate remedy, because not permitted by the provisions of section 28 of the Judicial Code (Comp St. § 1010), reading as follows:
This language of the Judicial Code first appeared in the Act of Congress of March 3, 1887 (24 Stat. 552, c. 373), as re-enacted on August 3, 1888 (25 Stat. 433, c. 866), and it has continued unchanged, except by the substitution of the District for the Circuit Court.
In 1890, in the case of In re Pennsylvania Co., Petitioner, 137 U. S. 451, 11 Sup. Ct. 141, 34 L. Ed. 738, it was held that the power which this court had before the passage of the acts, supra, to afford a remedy by mandamus when a cause, removed from a state court was improperly remanded thereto, was taken away by these acts. Upon full consideration of the prior legislation, this court in the opinion in that case said of the language of the statute quoted (137 U. S. 454, 11 Sup. Ct. 142 ):
In Fisk v. Henarie, 142 U. S. 459, 468, 12 Sup. Ct. 207, 35 L....
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...92 F. 449. And this is true whether abstractly the order of remand was rightly or wrongly entered. In re Matthew Addy Steam Ship & Commerce Corp., 256 U.S. 417, 41 S.Ct. 508, 65 L.Ed. 1027. For by statute that order is conclusive on state and federal courts, and neither may in any way or at......
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