Oakley v. Goodnow - 118 U.S. 43 (1886)

U.S. Supreme Court

Oakley v. Goodnow, 118 U.S. 43 (1886)

Oakley v. Goodnow

Submitted April 18, 1886

Decided April 19, 1886

118 U.S. 43

Syllabus

When the right of removal of a cause from a state court to a circuit court of the United States is denied by a state court, this denial raises a federal question, within the jurisdiction of this Court.

The circuit courts of the United States have no power to take jurisdiction of a case by removal from a state court, when a colorable assignment has been made to prevent such removal; but resort can only be had to the state courts for protection against the consequences of such an encroachment on the rights of a defendant.

Provident Savings Society v. Ford, 114 U. S. 635, affirmed.

This was a motion to dismiss accompanied by a motion to

affirm. The case is stated in the opinion of the Court.