... 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
| George Washington McCrary, United States. Circuit Court (8th Circuit) - Law reports, digests, etc - 1882 - 764 pages
...appear to the United States circuit court that the dispute is not properly within its jurisdiction, it "shall proceed no further therein, but shall dismiss the suit, or remand it," etc. Hence, it seems that the first inquiry, on proper motion, is to ascertain whether on the papers,... | |
| Law reports, digests, etc - 1895 - 1088 pages
...removed from a state court to a circuit court of the United States, It shall appear to the satisfaction the objects intrusted to the government, to undertake...department, and to tread on legislative ground." M'Culloch а саке cognizable or removable under this act, the said circuit court shall proceed no further... | |
| Electronic journals - 1883 - 710 pages
...substantially involve a dispute or • controversy, properly within the jurisdiction of said Circuit Court; * * the said Circuit Court shall proceed no further therein,...remand it to the Court from which it was removed." It will thus be seen that while Section 3 of the Act of 1875 provides that after a petition and bond... | |
| United States. Patent Office - Copyright - 1883 - 616 pages
...involve u dispute or controversy properly within its jurisdiction » • • tho said court sluill proceed no further therein, but shall dismiss the...from which it was removed, as justice may require. The court, then, not only has the authority, but is charged with the <luty, on its own motion or at... | |
| Law - 1883 - 876 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,...case cognizable or removable under this act," the Circuit Court shall dismiss the case. Coffin v. Haggin quotes a very recent case 6 in the Supreme Court... | |
| United States. Supreme Court - Law reports, digests, etc - 1883 - 676 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,...a case cognizable or removable under this act, the circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court... | |
| Law reports, digests, etc - 1899 - 986 pages
...This position cannot be sustained. When It appears that parties have been improperly or collusively made or joined, either as plaintiffs or defendants,...purpose of creating a case cognizable or removable under the act of 1875, then the circuit court is, within the meaning of the act of 1S91, without Jurisdiction... | |
| United States. Supreme Court - Law reports, digests, etc - 1884 - 676 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, for the purpose of creating a case cognizable" by the circuit court, that court "shall proceed no further therein, but shall dismiss the suit," and... | |
| United States. Supreme Court - Law reports, digests, etc - 1896 - 1244 pages
...within the jurisdiction of said circuit court, or that the parties have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable • * * under this act, the said circuit court shall proceed no further thereln,e but shall dismiss... | |
| United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1883 - 636 pages
...and substantially involve a dispute or controversy properly within the jurisdiction of that Court, it shall proceed no further therein, but shall dismiss the suit or remand it, as justice may require; this Court can now, on this motion to remand, only say, that, because the Richmond... | |
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