| 1875 - 438 páginas
...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 controversy properly within the jurisdiction of said Circuit Court, or that the parties to said suit have been improperly or collusively made or joined,... | |
| 1875 - 842 páginas
...remanded 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...controversy properly within the jurisdiction of the court, or that the parties have been improperly or collusively made, or joined, for the purpose of... | |
| 1875 - 788 páginas
...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 controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined,... | |
| Abraham Clark Freeman - 1877 - 390 páginas
...duty of the Circuit court to dismiss or remand the case whenever it appears, to its satisfaction, that the " suit does not really and substantially involve...properly within the jurisdiction of the Circuit court." In our judgment this is the test of Federal jurisdiction, and the one which ought to be applied to... | |
| Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1878 - 772 páginas
...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... | |
| 1879 - 632 páginas
...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 a dispute...properly within the jurisdiction of the Circuit Court, that Court shall proceed no further therein, but shall remand it to the court from which it was removed.... | |
| 1879 - 582 páginas
...the United Stales Circuit Court, and it appears to the satisfaction of said Circuit Court that such suit does not really and substantially involve a dispute...properly within the jurisdiction of the Circuit Court, ¡tie the duty of the court to dismisa the cause or remand it to the court from which it was removed.... | |
| 1889 - 1878 páginas
...any of them, were requested to and refused to join with complainant in bringing the suit; and that the suit does not really and substantially involve...or controversy properly within the jurisdiction of this court, in this: that parties have been improperly or collusively made and joined as defendants... | |
| 1889 - 948 páginas
...any of them, were requested to and refused to join with complainant in bringing the suit; and that the suit does not really and substantially involve...or controversy properly within the jurisdiction of this court, in this: that parties have been improperly or collusively made and joined as defendants... | |
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