Matter of Gruetter, 217 U.S. 586 (1910)

Matter of Gruetter

No. 9, Original

Submitted April 11, 1910
Decided May 31, 1910
217 U.S. 586

MANDAMUS

Syllabus

Where the circuit court has jurisdiction to determine questions presented on a motion to remand a case to the state court and denies the motion, mandamus will not lie to compel it to remand the case. In re Pollitz, 206 U.S. 323.

In this case, diverse citizenship existed, but plaintiff moved to remand because the suit was not of a civil nature, but for a penalty, because the record did not show that plaintiff or defendant resided in the district to which removal was sought, and because defendant did not specifically pray for removal of cause; held that the circuit court had jurisdiction to determine whether the case was removable, and that mandamus would not lie to compel the Circuit Judge to remand the cause.

The facts are stated in the opinion.