David Josiah Brewer

“ The journal entry, which is certified by the clerk to be the entire entry, is simply a finding that the application for removal is sufficient, and such as entitles the defendant to remove the cause to the federal court. But such finding does not remove the case, any more than an order overruling a demurrer to a petition makes a judgment. Such an order is simply an adjudication of the right of the plaintiff to a judgment. Upon it alone execution cannot issue. There must be a judgment, or, in other words, an order based upon the determination of the right. ”

“ If the order of one court is to stay the action of another, the latter is entitled to notice. If a case is to pass from one court to another, this is done by filing a transcript of the record of the one in the other. Virginia v. Paul, 148 U.S. --, 13 Sup. Ct. Rep. 536. Such orders and transfers are generally in appellate proceedings, yet something of the same kind is appropriate and necessary, in the orderly administration of affairs, to transfer, by order of the federal court, a case from the state court to itself. ”

“ Certainly this statute does not abolish the law of comity which controls the relations of the courts of two sovereignties exercising jurisdiction within the same territorial limits, nor does it abrogate the duty of counsel to seasonably advise the courts of which they are counsel of any matter which, if known, would prevent an erroneous exercise of jurisdiction. ”