Lowe v. Williams/Opinion of the Court

by Morrison Waite

United States Supreme Court

94 U.S. 650

Lowe  v.  Williams

The act of March 2, 1867, 14 Stat. 558, provided for the removal of causes from the State courts to the circuit courts, under certain circumstances, when due application was made 'before the final hearing or trial of the suit.' This we held in Stevenson v. Williams, 19 Wall. 575, to mean 'before final judgment in the court of original jurisdiction where the suit is brought.' To the same effect are Vannever v. Bryant, 21 id. 43, and Fashnacht v. Frank, 23 id. 419, decided since. The act of March 3, 1875, 18 Stat. 471, under which the removal was attempted in this case, requires the petition to be filed 'before the final trial.' The decisions under the act of 1867 are, therefore, equally applicable to that of 1875. The petition for removal was filed in the appellate court, and, of course, long after the final judgment in the court of original jurisdiction.

Under these circumstances, we consider that, while a Federal question is presented by the record, it is one that has already been settled, and needs no further argument.

The motion to dismiss denied; that to affirm granted.

Notes