Yankaus v. Feltenstein, 244 U.S. 127 (1917)

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Yankaus v. Feltenstein

No. 407

Argued April 10, 1917
Decided May 21, 1917
244 U.S. 127

ERROR TO THE CITY COURT OF NEW YORK CITY,

STATE OF NEW YORK

Syllabus

The rule that an order of the district court remanding a cause is conclusive of the right to remove (Jud.Code, § 28), and cannot be reviewed on writ of error to a subsequent judgment of the state court, applies also when the final judgment of the state court is rendered after the attempted removal and before the order of remand, if, when the judgment is rendered, the district court has not assumed jurisdiction and assumes none later beyond enjoining further proceedings until the motion to remand may be decided.

Conduct of the plaintiffs in respect of proceedings in the state courts and district court held not to have estopped them from contesting the jurisdiction of the latter after attempted removal, or to have waived their right to the conclusive effect of the order of remand.

Affirmed.

The case is stated in the opinion.