United States Supreme Court Cases & Opinions

U.S. Supreme Court

Metropolitan Cas. Ins. Co. v. Stevens, 312 U.S. 563 (1941)

Metropolitan Casualty Insurance Co. v. Stevens

No. 425

Argued February 13, 1941

Decided March 17, 1941

312 U.S. 563

CERTIORARI TO THE SUPREME COURT OF MICHIGAN

Syllabus

One against whom a state court issued a writ of garnishment, requiring him to make disclosure concerning his liability to judgment debtors, applied to the state court for removal of the proceeding to the federal court. The application was denied, whereupon the garnishee applied to the federal court for removal, and filed in that court a disclosure denying liability to the judgment debtor. While the garnishee's application was pending in the federal court, the state court entered a default judgment against the garnishee for failure to appear. Subsequently, the federal court remanded the cause to the state court, which thereupon reentered a default judgment against the garnishee. Upon review here of that judgment, held:

1. The order of the federal court remanding the cause to the state court was not reviewable directly or indirectly. P. 312 U. S. 565.

2. Proceedings in the state court subsequent to the petition for removal were valid if the suit was not in fact removable. P. 312 U. S. 566.