United States Supreme Court Cases & Opinions

U.S. Supreme Court

Tripp v. Santa Rosa Street R. Co., 144 U.S. 126 (1892)

Tripp v. Santa Rosa Street Railroad Company

No. 197

Submitted March 9, 1892

Decided March 21, 1892

144 U.S. 126

Syllabus

Service of citation by a plaintiff in error upon the defendant in error by depositing in the post office a copy of the same, postage paid, addressed to the attorney of the defendant in error at his place of abode is an insufficient service.

The decision of the supreme court of a state in a case in which application

Page 144 U. S. 127

for removal to the circuit court of the United States had been made in the trial court and denied, that, as no appeal was prosecuted from the final judgment, the order denying the application to remove was not open to review, and its judgment thereupon dismissing the appeal from the orders refusing to set aside the judgment of the court below, rest upon grounds of state procedure, and present no federal question.

The case is stated in the opinion.