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OAKLEY V. GOODNOW, 118 U. S. 43 (1886)

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U.S. Supreme Court

Oakley v. Goodnow, 118 U.S. 43 (1886)

Oakley v. Goodnow

Submitted April 18, 1886

Decided April 19, 1886

118 U.S. 43


When the right of removal of a cause from a state court to a circuit court of the United States is denied by a state court, this denial raises a federal question, within the jurisdiction of this Court.

The circuit courts of the United States have no power to take jurisdiction of a case by removal from a state court, when a colorable assignment has been made to prevent such removal; but resort can only be had to the state courts for protection against the consequences of such an encroachment on the rights of a defendant.

Provident Savings Society v. Ford, 114 U. S. 635, affirmed.

This was a motion to dismiss accompanied by a motion to

affirm. The case is stated in the opinion of the Court.

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