by John Marshall Harlan, Crehore v. Ohio M. Railway Company…
“ If the case be not removed, the jurisdiction of the state court remains unaffected, and, under the act of congress, the jurisdiction of the federal court could not attach until it becomes the duty of the state court to proceed no further. No such duty arises unless a case is made by the record that entitles the party to a removal. ”
by John Marshall Harlan, Crehore v. Ohio M. Railway Company…
“ All this is made entirely clear by the express requirement of the act of 1875, that the circuit court shall remand 'to the court from which it was removed' any cause brought from that court, whenever it appears that it is not one of which the federal court can properly take cognizance. Cameron v. Hodges, 127 U.S. 322, 326, 8 Sup. Ct. Rep. ”
