KANOUSE V. MARTIN, 56 U. S. 198 (1853)

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U.S. Supreme Court

Kanouse v. Martin, 56 U.S. 15 How. 198 198 (1853)

Kanouse v. Martin

56 U.S. (15 How.) 198


Where a citizen of New Jersey was sued in a state court in New York, and filed his petition to remove the case into the circuit court of the United States, offering a bond with surety, the amount claimed in the declaration being one thousand dollars, it became the duty of the state court to accept the surety and proceed no further in the cause.

Consequently it was erroneous to allow the plaintiff to amend the record and reduce his claim to four hundred and ninety-nine dollars.

The case having gone on to judgment and been carried by writ of error to the superior court, without the petition for removal into the circuit court of the United States, it was the duty of the superior court to go behind the technical record and inquire whether or not the judgment of the court below was erroneous.

The defendant was not bound to plead to the jurisdiction of the court below; such a step would have been inconsistent with his right that all proceedings should cease when his petition for removal was filed.

The superior court being the highest court to which the case could be carried, a writ of error lies to examine its judgment under the 25th section of the Judiciary act.

A motion was made at the last term of this Court, by Mr. Martin to dismiss the case, for want of jurisdiction, which is reported in 55 U. S. 14 How. 23.

The facts are stated in the opinion of the court.

Page 56 U. S. 207

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