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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. OCTOBER, 1882.
THE REMOVAL ACTS.
$ 27. Removal of cause by aliens, etc.
§ 28. Causes arising under revenue laws.
§ 29. Copies of records and proceedings.
$ 30. Causes against officers acting under internal revenue Jaws.
$ 31. Causes removed under Revenue Act.
§ 32. Causes arising under Habeas Corpus Act.
$ 33. Causes arising under amendment to Habeas Corpus Act.
§ 34. Further State proceedings void.
§ 35. Duty of the clerk.
§ 36. Suits against aliens.
§ 37. On ground of prejudice or local influence.
§ 38. Removal by corporations.
$ 39. Removal of causes under Constitutional Rights Act of 8).
§ 40. Causes under Civil Rights Act of 1871.
§ 41. Section 15 of Civil Rights Act.
§ 42. Section 16 of Civil Rights Act.
§ 43. Avcions brought against court officers.
§ 44. Removal of suits against aliens, etc., when amount of $500 in
$ 45. Against alien or citizen of other State.
§ 46. Against alien and citizen.
$ 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
$ 50. Removal of causes against persons denied any civil rights, etc.
ORIGINAL AND CONCURRENT, AND EXCLUSIVE.
$ 73. Covenant with State courts--Subject matter.
$ 73 a. Concurrent jurisdiction.
$ 73 b. Concurrent jurisdiction-Remedies provided by State statutes.
$ 73 c. Co-ordinate courts cannot interfere with each other.
$ 73 d. Civil cases in law and equity.
$ 73 e. Civil suits at law or in equity.
73 f. Remedies given by State statutes.
$ 73 g. Law and equity remedies distinct.
$73 h. Jurisdiction without regard to parties.
§ 73 i. When Federal question is involved.
$ 73 j. What not a Federal question.
§ 73 k. Suits arising under the Constitution.
$ 73 1. Suits under United States statutes and treaties.
$ 73m. Controversies in which the United States is plaintiff or petitioner
$ 89 a. Suits founded ou contract.