 ... 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 - Página 3771899Vista completa - Acerca de este libro
 | United States. Supreme Court - 1899 - 760 páginas
...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,...said Circuit Court shall proceed no further therein," etc., yet we submit that when the question whether the suit has been properly removed or not is formally... | |
 | 1900 - 1326 páginas
...jurisdiction of said Circuit Court, or that the parlies 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." 1. Since the majority of the cases in federal courts which are cited in this article were remanded... | |
 | Roger Foster - 1901 - 880 páginas
...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,...was removed, as justice may require, and shall make snch order as to costs as shall be just"1 A case which was properly removed cannot be remanded by consent.2... | |
 | United States. Supreme Court - 1901 - 1148 páginas
...within the jurisdiction of saidCircui t Court, or that the parties to said suit have been improperly made or joined, either as plaintiffs or defendants,...this Act, the said Circuit Court shall proceed no farther therein, but shall dismiss the suit or remand it to the •court from which it was removed,... | |
 | Joseph Ragland Long - 1917 - 440 páginas
...jurisdiction of said district court, or 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 chapter, the said district court shall proceed no further therein, but shall dismiss the suit or remand... | |
 | George Washington Rightmire - 1917 - 928 páginas
...jurisdiction of said district court, or 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 chapter, the said district court shall proceed no further therein, but shall dismiss the suit or remand... | |
 | James Treat Carter - 1919 - 298 páginas
...collusively made or joined, as plaintiffs, or defendants, for the purpose of creating a case coguizable or removable under this act, the said Circuit Court...from which it was removed, as justice may require." Company v. Kelly. 214 In that case Justice Harlan read into the law, as stated in the Leston case,... | |
 | James Treat Carter - 1919 - 276 páginas
...Circuit Court, or that the parties to said suit have been improperly or collusively made or joined, ns plaintiffs, or defendants, for the purpose of creating...no further therein, but shall dismiss the suit or renmud it to the court from which it was removed, as justice may require." '" (1 Wallace, 280, 288.... | |
 | William Mark McKinney - 1919 - 1510 páginas
...— The provision in Judicial Code, sec. 37, quoted in the last preceding paragraph 7 that the court shall dismiss the suit, or remand it to the court...from which it was removed,* as justice may require, is construed, it seems, -not to give the court a power of choice as between a remand and a dismissal,... | |
 | James Manford Kerr - 1919 - 998 páginas
...jurisdiction of said district court, or that the parties thereto have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case removable under the Judicial Code, the said district court shall proceed no farther therein, but shall... | |
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