« PreviousContinue »
Entered according to Act of Congress, in the year 1877, by
SOUTHERN LAW REVIEW
Vol. III, N. S.] St. Louis, APRIL, 1877. [NUMBER I.
J. R.E.MO VAL OF CA USAFS FROM STATE TO FEDERAL COURTS.
The article of Judge Dillon in the July number, 1876, of this REview, on the Removal of Causes from the State Courts to the Courts of the United States, is admirably adapted for the practical purposes intended, and fairly exhibits the present state of the law on the right of removal, and the mode of making that right available. It would be impossible to improve his plan, or add to its details, without impairing its faultless symmetry. Having had occasion recently to critically examine the legislation of Congress on this subject, and the decisions of the Supreme Court construing that legislation, I can bear witness to the accuracy of his statements, while I have been led to doubt the correctness of one or two of his conclusions. The most important part of the legislation in question, because the most frequently brought into use, is the provision for the removal of causes “in which there shall be a controversy between citizens of different states.” And the points of gravest difficulty arising thereon are, first, the jurisdiction of the state court in the matter of removal; and, secondly, the right of a litigant to “split” the suit into two parts, one part to be left in the state court and the other removed into the federal court. Judge Dillon thinks it doubtful, especially under the act of 1875, whether it belongs to the state court to judge of the sufficiency of