Stone v. South Carolina
117 U.S. 430 (1886)

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U.S. Supreme Court

Stone v. South Carolina, 117 U.S. 430 (1886)

Stone v. South Carolina

Argued Marsh 5, 1886

Decided April 5, 1886

117 U.S. 430

Syllabus

A state court is not bound to surrender its jurisdiction of a suit on petition for removal, until a case has been made which on its face shows that the petitioner has a right to the transfer, and if it decides against the removal and proceeds with the cause, its ruling is reviewable here after final judgment.

All issues of fact made upon a petition for removal must be tried in the circuit court.

Page 117 U. S. 431

A suit between a state on the one side and citizens on the other cannot be removed on the ground of citizenship.

A suit against partners to recover money received, for which they are jointly liable, cannot be removed on the ground of a separable controversy on the petition of one of the partners.

The case is stated in the opinion of the Court.

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