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KERN V. HUIDEKOPER, 103 U. S. 485 (1880)

U.S. Supreme Court

Kern v. Huidekoper, 103 U.S. 485 (1880)

Kern v. Huidekoper

103 U.S. 485


1. A party to a suit who, under the Act of March 3, 1875, c. 137, 18 Stat., pt. 3, p. 470, was entitled to its removal from the state court wherein it was brought, filed in due time his petition and the requisite bond, and prayed for such removal to the circuit court of the United States for the proper district. His petition was denied. Held that on his entering in the circuit court within the period prescribed by that act, the transcript of the record, that court acquired jurisdiction of the suit, and that all subsequent proceedings of the state court therein are absolutely void.

2. A sheriff to whom was directed a fieri facias sued upon a judgment against A., levied the writ upon certain goods and chattels, for which replevin was brought in a state court against him by B., a nonresident of the state, claiming to be the owner of them. Held that there is nothing in the character of the suit which precludes its removal by B. to the circuit court.

3. Where a state court, proceeding to the trial of a suit which had been removed therefrom, renders judgment against the party, whose petition for a removal it erred in refusing to grant, he may raise here the question as

to the jurisdiction of that court notwithstanding the fact that he appeared at the trial and insisted upon the merits of his cause of action or defense.

4. Where a party, pursuant to leave, files a plea to the jurisdiction of the court, his former plea to the merits is thereby withdrawn.

The facts are stated in the opinion of the Court.

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