STONE V. SOUTH CAROLINA, 117 U. S. 430 (1886)
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U.S. Supreme Court
Stone v. South Carolina, 117 U.S. 430 (1886)
Stone v. South Carolina
Argued Marsh 5, 1886
Decided April 5, 1886
117 U.S. 430
Syllabus
A state court is not bound to surrender its jurisdiction of a suit on petition for removal, until a case has been made which on its face shows that the petitioner has a right to the transfer, and if it decides against the removal and proceeds with the cause, its ruling is reviewable here after final judgment.
All issues of fact made upon a petition for removal must be tried in the circuit court.
A suit between a state on the one side and citizens on the other cannot be removed on the ground of citizenship.
A suit against partners to recover money received, for which they are jointly liable, cannot be removed on the ground of a separable controversy on the petition of one of the partners.
The case is stated in the opinion of the Court.