Stone v. South Carolina, 117 U.S. 430 (1886)
U.S. Supreme CourtStone v. South Carolina, 117 U.S. 430 (1886)
Stone v. South Carolina
Argued Marsh 5, 1886
Decided April 5, 1886
117 U.S. 430
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.