United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lawrence v. Morgan's Railroad & Steamship Co., 121 U.S. 634 (1887)

Lawrence v. Morgan's Railroad and Steamship Company

Submitted April 21, 1887

Decided May 2, 1887

121 U.S. 634

Syllabus

Land in Louisiana claimed by L., a citizen of New Jersey, having been seized on an execution recovered in a state court of Louisiana, L. filed "a petition of third opposition" under the practice in that state, asking for an injunction against the sheriff to restrain the sale. It was stated in the petition that the state judge of the district was absent from the state, and an order of injunction was granted by the clerk of the court under circumstances set out in the opinion of this Court. L. then petitioned for the removal of the cause to the circuit court, which was done. The circuit court remanded the cause to the state court. Held that under the circumstances, no injunction had been granted by the state court; that the case mast be treated as having been taken to the circuit court to get an injunction, and that it was properly remanded.

Appeal from an order remanding a cause to the state court from which it had been removed. The case is stated in the opinion of the Court.