United States Supreme Court Cases & Opinions

U.S. Supreme Court

Railroad Company v. Koontz, 104 U.S. 5 (1881)

Railroad Company v. Koontz

104 U.S. 5

ERROR TO THE SUPREME COURT OF

APPEALS OF THE STATE OF VIRGINIA

1. A., a corporation of Maryland, having assumed the right to take, and B., a corporation of Virginia, the right to grant, a lease of the railroad and franchises of the latter in Virginia, A., with the implied assent of both states, took possession, and is in the actual use of the road and franchises. Held that A. did not thereby forfeit or surrender its right to remove into the circuit court a suit instituted against it in a court of Virginia by a citizen of that state.

2. When the petitioner presents to the state court a sufficient case for removal it is the duty of that court to proceed no further in the suit. The jurisdiction of the circuit court then attaches, and is not lost by his failure to enter the record and docket the cause on the first day of the next term. Upon good cause's being shown, the entry at a subsequent day may be permitted.

3. Good cause for such entry is presented where, the petition for removal having been overruled by the state court and the petitioner there forced to trial upon the merits, he, in the regular course of procedure, obtains a reversal of the judgment and an order for the allowance of the removal.