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DUNCAN v. GEGAN

Not in source.

101 U.S. 810 (1880)

25 L.Ed. 875

DUNCAN, v. GEGAN.

Supreme Court of United States.

February 2, 1880.

Attorney(s) appearing for the Case

Mr. Robert Mott and Mr. Thomas J. Semmes for the appellant.

Mr. Henry B. Kelly and Mr. Henry L. Lazarus for the appellees.

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

The transfer of the suit from the State court to the Circuit Court did not vacate what had been done in the State court previous to the removal. The Circuit Court, when a transfer is effected, takes the case in the condition it was when the State court was deprived of its jurisdiction. The Circuit Court has no more power over what was done before the removal than the State court would have had if the suit...

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