Kimball v. Evans

ERROR to the Supreme Court of the State of Ohio.

Pending a suit in the District Court of Stark County, Ohio, a petition was filed, under the act of March 2, 1867 (14 Stat. 558), for its removal to the Circuit Court of the United States for the Northern District in that State. This petition presenting for consideration, in the opinion of the District Court, difficult and important questions, the cause was reserved, in accordance with the practice in Ohio, to the Supreme Court 'for its decision on said petition for the removal of the cause to the Circuit Court.' The Supreme Court, after hearing, dismissed the petition and remanded the cause to the District Court 'for further proceedings according to law.'

To reverse this judgment the present writ of error was brought.

Submitted on printed arguments by Mr. H. E. Paine for the defendant in error.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.