Morrison Waite

“ A state court is not bound to surrender its jurisdiction of a suit on a petitioner for removal until a case has been made which on its face shows that the petitioner has a right to the transfer. Yulee v. Vose, 99 U.S. 545; Removal Cases, 100 U.S. 474. It is undoubtedly true, as was said in Steam-ship Co. v. Tugman, 106 U.S. 122, S.C.. 1 Sup. Ct. Rep. 58, that upon the filing of the petition and bond-the suit being removable under the statute-the jurisdiction of the state court absolutely ceases, and that of the circuit court of the United States immediately attaches ”

“ The state of South Carolina is the sole plaintiff, and the defendants are citizens, one of South Carolina and the other of New York. The cause of action is joint, and only one of the defendants petitions for removal. There is no statute which authorizes the removal of a suit between a state and citizens on the ground of citizenship, for a state cannot, in the nature of things, be a citizen of any state. ”

“ What effect the writ of certiorari provided for in section 7 of the act of 1875, to require the state court to make return of the record to the circuit court, would have upon the further power of the state court to proceed we do not now decide, as no such writ was issued in this case. ”