The Removal of Causes from State to Federal Courts; With a Preliminary Chapter on Jurisdiction of the Circuit Courts of the United States (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 Excerpt: ... Reinemau v. Ball, 33 Fed. Rep. 632. 16 Western U. Tel. Co. V. Brown, 32 Fed. Rep. 337. 17 Laldly V. Huntington, 121U. S. 179. 18 Re San Antonio & A. F. R. Co., 41 Fed. Rep. 145. 19 Richmond etc. R. Co v Findley, 32 Fed. Rep. 64L 20 Ames v. Chicago etc. R. Co., 39 Fed. Rep 88L 96 t. Decisions under Act of 1875.--The controversy must be wholly between citizens of different States to give the right to remove.1 Congress did not intend to confer the right where a citizen of a S: ate other than that in which suit is brought is united with one who is a citizen of the latter State;2 so in a bill to foreclose a mortgage;3 or to redeem from a mortgage sale.4 So the purchaser of an equity of redemption cannot remove if mortgagor and mortgagee are citizens of the same State;5 and so where a judgment creditor intervenes.6 Where the suit embraces a single individual controversy, one party oannot remove if the other party consists of residents and nonresidents;7 so of a bill for a specific performance;8 or a bill to dissolve a corporation;9 or where the owner elects to bring an action for a conversion;10 or if, in the contest of a will, or in a suit to annul a will, necessary parties joined are residents and non-residents.11 If a stockholder disputes the rights of both claimants, and one is a citizen of another State, the case cannot be removed.12 A suit to recover land where the real parties are claimants, and damages are demanded of non-residents, cannot be removed.13 If substantial relief is asked against a party who is a citizen of the same State as plaintiff, the cause cannot be removed.14 Where non-residents sued out attachments, and these were followed by other attachments by resident creditors, the non-residents cannot remove the cause.15 Where less tha...