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The right of removal depends, first, on the subject-matter of the controversy, without regard to citizenship of the parties; and secondly, on the diversity of citizenship of the parties. Under the first clause of sec. 2 of the Act of 1875, as to the right of removal based on the subject-matter of the cause, all those on one side of the controversy must unite, and the cause be wholly removed; while under the second clause of the same section any one or more of either party could remove, if the entire controversy could be wholly determined between the parties litigant. The latest decisions of the Supreme Court, followed by those still later of the circuit and district courts, seem to have at last settled these points.
The author has endeavored, in as terse language as possible, to express the decision of the court on these various points, leaving it to the reader to refer to the decisions themselves for the full text and reasonings which led to the conclusion. The first part of this work is occupied by the United States statutes upon the subject of removal of causes, arranged in their chronological order. This is followed by a chapter on the jurisdiction of the circuit courts of the United States, and such sections as pertain to the exercise of that jurisdiction. This is followed by the sections of the Revised Statutes and the Act of 1875 as to the removal of causes from State courts into the circuit courts, and the practice and procedure incident thereto. Following this is a chapter on removals in special cases, and the practice and procedure incident thereto. The whole being annotated by all the principal cases down to the present time, and an index for reference, with a table of cases. ROBERT DESTY.
Suits for redress for deprivation of rights, privileges, or immuni-
For injury to person or property in furtherance of a conspiracy.
For any injury to civil rights.
Suits to recover possession of an office.
For penalties and forfeitures under Merchant Seamen's Act
Removal of suits against aliens, etc., when amount of $500 in
§ 47. Removal for prejudice or local influence.
§ 48. Proceedings for removal of cause.
§ 49. Removal of suits against corporations organized under a law of the
Removal of suits and prosecutions against revenue cfficers, and offi-
§ 63. Time to file application-Misfeasance of clerk- Certiorari.
§ 64. Liens-Appearance of parties.
Concurrent jurisdiction-Remedies provided by State statutes.
Foreign corporations may sue in Federal courts.
Jurisdiction in personam over persons.
National banking associations deemed citizens in States where
All on one side must be citizens diverse from all on the other.
Jurisdictional amount must be exclusive of interest and costs
Exclusive cognizance of certain crimes and offenses
No person shall be arrested in one district for trial in another
Offenses on the high seas, etc., where triable.
Offenses begun in one district, and completed in another.
Suits for pecuniary penalties and forfeitures, where to be brought.
Suits for internal revenue taxes, where to be brought.
Where land lies in different districts of same State.
Suits not of a local nature in States containing several districts.
Suits of a local nature in States containing several districts.