United States Supreme Court Cases & Opinions

U.S. Supreme Court

Chesapeake & Ohio R. Co. v. White, 111 U.S. 134 (1884)

Chesapeake and Ohio Railroad Company v. White

Argued March 11, 1884

Decided March 24, 1884

111 U.S. 134

Syllabus

When a cause is properly removed from a state court to a federal court, and the state court nevertheless proceeds with the case and forces to trial the party upon whose petition the removal was made, the proper remedy is by writ of error after final judgment, and not by prohibition or punishment for contempt. Insurance Co. v. Dunn, 19 Wall. 214, and Removal Cases, 100 U. S. 457, again reaffirmed.

This was a petition for an original process from this Court to stay proceedings in the Circuit Court of Greenbrier County, West Virginia, in a suit in which the defendant in these proceedings was plaintiff and the plaintiff in these proceedings was defendant, on the ground that the cause was removed to the federal courts under the removal act, and that the substantial rights of the publics were involved in a suit, pending in this Court, in error to the Court of Appeals of West Virginia. The facts upon which the motion was founded appear in the opinion of the Court.

Page 111 U. S. 135