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Matter of Gruetter, 217 U.S. 586 (1910)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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.
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Chicago:
U.S. Supreme Court, "Syllabus," Matter of Gruetter, 217 U.S. 586 (1910) in 217 U.S. 586 Original Sources, accessed June 30, 2025, http://www.originalsources.com/Document.aspx?DocID=3W5265URYEHRGNF.
MLA:
U.S. Supreme Court. "Syllabus." Matter of Gruetter, 217 U.S. 586 (1910), in 217 U.S. 586, Original Sources. 30 Jun. 2025. http://www.originalsources.com/Document.aspx?DocID=3W5265URYEHRGNF.
Harvard:
U.S. Supreme Court, 'Syllabus' in Matter of Gruetter, 217 U.S. 586 (1910). cited in 1910, 217 U.S. 586. Original Sources, retrieved 30 June 2025, from http://www.originalsources.com/Document.aspx?DocID=3W5265URYEHRGNF.
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