BURLINGTON, C.R. & N. RY. CO. V. DUNN, 122 U. S. 513 (1887)

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U.S. Supreme Court

Burlington, C.R. & N. Ry. Co. v. Dunn, 122 U.S. 513 (1887)

Burlington, Cedar Rapids and Northern Railway Company v. Dunn

Submitted April 29, 1887

Decided May 27, 1887

122 U.S. 513


When a petition for a removal of the cause to a circuit court of the United States is filed in a cause pending in a state court, the only question left for the state court to determine is the question of law whether, admitting the facts stated in the petition to be true, it appears on the face of the record, including the petition, the pleadings, and the proceedings down to that time, that the petitioner is entitled to a removal, and if an issue of fact is made upon the petition, that issue must be tried in the circuit court.

The federal question brought up by the writ of error in this case related to the right of removal of the cause to the circuit court of the United States. The case is stated in the opinion of the court. chanrobles.com-red

Page 122 U. S. 514


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