Kimball v. Evans - 93 U.S. 320 (1876)
U.S. Supreme Court
Kimball v. Evans, 93 U.S. 320 (1876)
Kimball v. Evans
93 U.S. 320
Where a petition for the removal of a suit filed under the Act of March 2, 1867, 14 Stat. 558, was, in accordance with the practice of the state, reserved for the decision of the supreme court, and the latter dismissed the petition, and remanded the cause to the inferior court for further proceedings according to law, held that this Court has no jurisdiction.
Pending a suit in the District Court of Stark County, Ohio, a petition was filed under the Act of March 2, 1867, 14 Stat. 558, for its removal to the Circuit Court of the United states for the Northern District in that state. This petition presenting for consideration, in the opinion of the district court, difficult and important questions, the cause was reserved, in accordance with the practice in Ohio, to the supreme court "for its decision on said petition for the removal of the cause to the circuit court." The supreme court, after hearing, dismissed the petition and remanded the cause to the district court "for further proceedings according to law."
To reverse this judgment the present writ of error was brought.