Southern Railway Co. v. Dukes

Court of Appeals of Georgia

Southern Railway Co. v. Dukes

68 S.E. 332, 7 Ga. App. 784, 1910 Ga. App. LEXIS 520

CourtCourt of Appeals of Georgia

DecidedJune 14, 1910

Docket2401

StatusPublished

Cited by2 cases

This text of 68 S.E. 332 (Southern Railway Co. v. Dukes) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Railway Co. v. Dukes, 68 S.E. 332, 7 Ga. App. 784, 1910 Ga. App. LEXIS 520 (Ga. Ct. App. 1910).

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Opinion

Hill, O. J.

Where the right of removal exists, and the petition and bond have been filed in the State court in conformity with the statutes of the United States, the jurisdiction of the State court comes to an end. The filing of the petition and bond in such ease ipso facto removes the case, and no order. of the State court is necessary, to make the removal effectual. Thereafter the State court can take no action in the ease, even to the extent of allowing a dismissal by the plaintiff. After the ease has been thus removed, the plaintiff should apply to the Federal court, if he desires to dismiss his suit. 4 Fed. Stat. Ann. 265, 266; Stone v. South Carolina, 117 U. S. 430 (6 Sup. Ct. 799, 29 L. ed. 962) ; Kern v. Huidekoper, 103 U. S. 485 (26 L. ed. 354) ; L. & N. Railroad Co. v. Newman, 132 Ga. 523 (64 S. E. 541). Judgment reversed.

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Hill, O. J.

Where the right of removal exists, and the petition and bond have been filed in the State court in conformity with the statutes of the United States, the jurisdiction of the State court comes to an end. The filing of the petition and bond in such ease ipso facto removes the case, and no order. of the State court is necessary, to make the removal effectual. Thereafter the State court can take no action in the ease, even to the extent of allowing a dismissal by the plaintiff. After the ease has been thus removed, the plaintiff should apply to the Federal court, if he desires to dismiss his suit. 4 Fed. Stat. Ann. 265, 266; Stone v. South Carolina, 117 U. S. 430 (6 Sup. Ct. 799, 29 L. ed. 962) ; Kern v. Huidekoper, 103 U. S. 485 (26 L. ed. 354) ; L. & N. Railroad Co. v. Newman, 132 Ga. 523 (64 S. E. 541). Judgment reversed.

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Bluebook (online)

68 S.E. 332, 7 Ga. App. 784, 1910 Ga. App. LEXIS 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-railway-co-v-dukes-gactapp-1910.

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