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EDRINGTON V. JEFFERSON, 111 U. S. 770 (1884)

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U.S. Supreme Court

Edrington v. Jefferson, 111 U.S. 770 (1884)

Edrington v. Jefferson

Argued April 24-25, 1884

Decided May 5, 1884

111 U.S. 770

Syllabus

When all the defendants in a cause in a state court have appeared and answered without filing counterclaims or raising new issues, the cause is ready for trial and can be tried within the meaning of § 3 of the Act of March 3, 1875, 18 Stat. 471.

When a cause is at issue and ready for trial in a state court, and the limitation provisions of the Removal Act of March 3, 1875, take effect, the right of removal is not revived by subsequent amendments of the pleadings by leave of court which make new issues, nor by the appearance of new parties whose interests are represented by a party previously in the record.

When a cause is improperly removed from a state court and a motion to remand it is overruled, that judgment is error which may be corrected here.

The facts are fully stated in the opinion of the Court.





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