... that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or... The Supreme Court Reporter - Page 3771899Full view - About this book
| Law reports, digests, etc - 1909 - 2094 pages
...jurisdiction of said Circuit Court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants,...therein, but shall dismiss the suit or remand It," etc. We cannot understand this statute without considering the mischief which it was designed to remedy.... | |
| Law reports, digests, etc - 1904 - 1126 pages
...substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court, * * * the said Circuit Court shall proceed no further therein,...justice may require, and shall make such order as to cost as may be just." The jurisdictional amount must appear in the record. From the record the court... | |
| Law reports, digests, etc - 1887 - 1910 pages
...jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants,...proceed no further therein, but shall dismiss the suit." It is insisted by defendants that the deed from Shaw to plaintiff was colorable only, and was not made... | |
| Law reports, digests, etc - 1899 - 2060 pages
...substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, * » » the said circuit court shall proceed no further therein,...from which it was removed, as justice may require," etc. The plea to the jurisdiction raises the question whether this suit really and substantially involves... | |
| Law reports, digests, etc - 1882 - 1916 pages
...and substantially involve a dispute or controversy properly within its jurisdiction, * * * the said court shall proceed no further therein, but shall...from which it was removed, as justice may require." The court, then, not only has the authority, but is charged with the duty, on its own motion, or at... | |
| Law reports, digests, etc - 1889 - 1878 pages
...circuit court, or that the parties to said suit have been improperly or collusively made or joined * * * for the purpose of creating a case cognizable or removable...said circuit court shall proceed no further therein." Rule 9 of the circuit court provides that "when any matter in abatement, other than such as affects... | |
| Law reports, digests, etc - 1889 - 948 pages
...circuit court, or that the parties to said suit have been improperly or collusively made or joined * * * for the purpose of creating a case cognizable or removable...said circuit court shall proceed no further therein." Rule 9 of the circuit court provides that "when any matter in abatement, other than such as affects... | |
| Law reports, digests, etc - 1882 - 1904 pages
...jurisdictiou of said circuit court, or that the parties to said suit have been improperly or collusiyely made or joined, either as plaintiffs or defendants,...creating a case cognizable or removable under this act, the'said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to... | |
| Law reports, digests, etc - 1907 - 2094 pages
...continues: "Here the words 'really' and 'substantially,' and the expression 'improperly or collusively made or joined, either as plaintiffs or defendants,...purpose of creating a case cognizable or removable,' are very suggestive, and show that, by giving the Circuit Courts authority to dismiss or remand the... | |
| Law reports, digests, etc - 1892 - 1912 pages
...to said suit have been improperly or collusively made or joined, either as plaintiffs ordefendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court sball proceed no further therein, but shall dismiss the suit, or remand it to the court from which... | |
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