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" ... 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... "
Supreme Court Reporter - Page 379
by United States. Supreme Court - 1899
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The Encyclopaedia of Pleading and Practice: Under the Codes and ..., Volume 18

Civil procedure - 1900
...jurisdiction of said Circuit Court, or that the parlies to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants,...from which it was removed, as justice may require." 1. Since the majority of the cases in federal courts which are cited in this article were remanded...
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A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty ...

Roger Foster - Courts - 1901
...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,...was removed, as justice may require, and shall make snch order as to costs as shall be just"1 A case which was properly removed cannot be remanded by consent.2...
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United States Supreme Court Reports, Volume 28

United States. Supreme Court - Law reports, digests, etc - 1901
...within the jurisdiction of saidCircui t Court, or that the parties to said suit have been improperly made or joined, either as plaintiffs or defendants,...this Act, the said Circuit Court shall proceed no farther therein, but shall dismiss the suit or remand it to the •court from which it was removed,...
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Outline of the Jurisdiction and Procedure of the Federal Courts

Joseph Ragland Long - Courts - 1917 - 406 pages
...jurisdiction of said district court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs, or defendants,...creating a case cognizable or removable under this chapter, the said district court shall proceed no further therein, but shall dismiss the suit or remand...
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Cases and Readings on the Jurisdiction and Procedure of the Federal Courts

George Washington Rightmire - Courts - 1917 - 892 pages
...jurisdiction of said district court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants,...creating a case cognizable or removable under this chapter, the said district court shall proceed no further therein, but shall dismiss the suit or remand...
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The Nature of the Corporation as a Legal Entity, with Especial Reference to ...

James Treat Carter - Corporations - 1919 - 239 pages
...collusively made or joined, as plaintiffs, or defendants, for the purpose of creating a case coguizable or removable under this act, the said Circuit Court...from which it was removed, as justice may require." Company v. Kelly. 214 In that case Justice Harlan read into the law, as stated in the Leston case,...
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The Nature of the Corporation as a Legal Entity, with Especial Reference to ...

James Treat Carter - Corporations - 1919 - 239 pages
...Circuit Court, or that the parties to said suit have been improperly or collusively made or joined, ns plaintiffs, or defendants, for the purpose of creating...no further therein, but shall dismiss the suit or renmud it to the court from which it was removed, as justice may require." '" (1 Wallace, 280, 288....
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Ruling Case Law: As Developed and Established by the Decisions ..., Volume 23

William Mark McKinney - Law - 1919
...— The provision in Judicial Code, sec. 37, quoted in the last preceding paragraph 7 that the court shall dismiss the suit, or remand it to the court...from which it was removed,* as justice may require, is construed, it seems, -not to give the court a power of choice as between a remand and a dismissal,...
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A Treatise on the Law of Pleading and Practice: Under the Procedural Codes ...

James Manford Kerr - Civil procedure - 1919 - 2014 pages
...jurisdiction of said district court, or that the parties thereto have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case removable under the Judicial Code, the said district court shall proceed no farther therein, but shall...
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A Treatise on Federal Practice, Civil and Criminal: Including ..., Volume 3

Roger Foster - Courts - 1920 - 5026 pages
...jurisdiction of said District 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 said District Court shall proceed no further therein, but shall dismiss the suit or remand it to the court...
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