United States Supreme Court Cases & Opinions

U.S. Supreme Court

Anderson v. United Realty Co., 222 U.S. 164 (1911)

Anderson v. United Realty Company

No. 27

Argued November 1, 1911

Decided December 4, 1911

222 U.S. 164

Syllabus

Where there is a separable controversy and requisite diversity of citizenship, it is the duty of the state court to accept the petition and bond and proceed no further in the case; trial and judgment thereafter by the state court would be coram non judice unless its jurisdiction over the cause be restored.

The state court may recover jurisdiction over a cause which has been removed by defendants having separable controversy, and where plaintiff has an order entered dismissing it against the removing defendants and other defendants having like ground of removal reciting that, in consideration of such dismissal, the petition for removal is withdrawn, the state court has jurisdiction to proceed against the remaining defendants. National Steamship Co. v. Tugman, 106 U. S. 118, distinguished.

79 Oh.St. 23 affirmed.

The facts are stated in the opinion.

Page 222 U. S. 165