 ... 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 - Sida 3771899Obegränsad förhandsgranskning - Om den här boken
 | 1882 - 624 sidor
...the jurisdiction of said court, or that the parties to said suit have beeu improperly or oollusively made or joined, either as plaintiffs or defendants,...act, the said Circuit Court shall proceed no further, but shall dismiss the salt or remand it to the court from which it was,, removed." It is believed that... | |
 | 1875 - 438 sidor
...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 under this act, the said Circuit Court shall proceed no further therein, but shall dismiss the suit... | |
 | 1881 - 638 sidor
...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,... | |
 | United States - 1875 - 438 sidor
...diction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants,...remand it to the court from which it was removed as Review, in Su- justice may require, and shall make such order as to costs as shall be Prd™e df missin... | |
 | Abraham Clark Freeman - 1877 - 390 sidor
...that, if l' at any time " after the removal the non-federal character of the case shall appear, " the Circuit court shall proceed no further therein, but...from which it was removed, as justice may require." 127Fisk v. Union Pacific RR, 8 Blatchf. 243 (1871), Nelson, J. ; Stewart v. Mordecai, 40 Ga. 1. It... | |
 | 1877 - 1004 sidor
...federal court if it shall appear " 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 act." This seems to contemplate attempts to make a case removable by joining parties where, without the added... | |
 | 1877 - 980 sidor
...federal court if it shall appear " 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 act." This seems to contemplate attempts to make a case removable by jaang parties where, without the added... | |
 | United States. Circuit Court (2nd Circuit) - 1877 - 648 sidor
...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,...purpose of creating a case cognizable or removable under the Act, the Court shall dismiss it, or remand it to the State Court. All that is necessary to bring... | |
 | 1887 - 2090 sidor
...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,...from which it was removed, as justice may require. * * *" This section of the law permits the question of jurisdiction to be raised at any time while... | |
 | 1885 - 1902 sidor
...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,...from which it was removed, as justice may require. * * *" This provision wholly changes the rule that, in order to take advantage of the want of jurisdiction,... | |
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