United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Hoard, 105 U.S. 578 (1881)

Ex Parte Hoard

105 U.S. 578

PETITION FOR A MANDAMUS

After the circuit court has denied a motion for an order remanding a cause to the state court, whence it was removed, a mandamus will not lie compelling it to make such order.

The case is stated in the opinion of the Court.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

The Chesapeake and Ohio Railroad Company began a suit in a state court of West Virginia to appropriate lands for the use of its road. To this suit the present petitioners, with others, were parties. The company, at a certain stage of the proceedings, filed a petition under the Act of March 3, 1875, c. 137, for the removal of the suit to the District Court of the United States for the District of West Virginia, having circuit court powers. After the petition was filed and security given

Page 105 U. S. 579

according to the requirements of the law, a copy of the record of the suit in the state court was filed in the district court, and the case docketed there. This having been done, the present petitioners moved the district court to remand the cause, and strike it from the docket, as to them and each of them. The motion, having been argued and considered, was denied. The petitioners now ask this court for a writ of mandamus requiring the district court to grant their motion.