States, it shall appear to the satisfaction of said Circuit Court, at any time after such suit has been brought or removed Opinion of the Court, thereto, that such suit does not really and substantially involve a dispute or controversy properly within... United States Reports: Cases Adjudged in the Supreme Court - Page 251by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1899Full view - About this book
| 1875 - 788 pages
...back to the state court. It is when it shall appear to the satisfaction of the federal court that the suit does not really and substantially involve a dispute...or controversy properly within the jurisdiction of the court, or that the parties have been improperly or collusively made, or joined, for the purpose... | |
| 1875 - 842 pages
...hack to the state court. It is when it shall appear to the satisfaction of the Federal court that the suit does not really and substantially involve a dispute...or controversy properly within the jurisdiction of the court, or that the parties have been improperly or collusively made, or joined, for the purpose... | |
| 1875 - 722 pages
...to the satisfaction of said circuit court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or conrroversy properly within the jurisdiction of said circuit court, or that the parties to said suit... | |
| Abraham Clark Freeman - 1877 - 390 pages
...the Circuit court to dismiss or remand the case whenever it appears, to its satisfaction, that the " suit does not really and substantially involve a dispute...or controversy properly within the jurisdiction of the Circuit court." In our judgment this is the test of Federal jurisdiction, and the one which ought... | |
| United States. Circuit Court (2nd Circuit) - 1877 - 648 pages
...a State Court, afterwards appears not to involve really and substantially a dispute or controversy within the jurisdiction of said Circuit Court, or that the parties to the suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for... | |
| Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1878 - 772 pages
...act, it is made the imperative duty of the court, at any stage of the proceedings, when it appears that "such suit does not really and substantially involve a dispute or controversy properly within its jurisdiction," to stop the proceeding and remand the case. Where a suit presents no disputed construction... | |
| 1878 - 542 pages
...remand it to the State Court, if it shall appear, " at any time after such suit does not really or substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court." Before, therefore, a Circuit Court can be required to retain a cause under this jurisdiction it must... | |
| United States. Supreme Court - 1878 - 808 pages
...at any time after such suit has been brought or removed thereto, that such suit does not really or substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court." Before, therefore, a circuit court can be required to retain a cause under this jurisdiction, it must... | |
| 1879 - 632 pages
...has no jurisdiction of it. The fifth section of the act provides that, if at any time it shall appear that such suit does not really and substantially involve...or controversy properly within the jurisdiction of the Circuit Court, that Court shall proceed no further therein, but shall remand it to the court from... | |
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