... 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 Federal Reporter - Page 1601889Full view - About this book
| 1885 - 1902 pages
...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,...from which it was removed, as justice may require. * * *" This provision wholly changes the rule that, in order to take advantage of the want of jurisdiction,... | |
| 1909 - 2094 pages
...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,...therein, but shall dismiss the suit or remand It," etc. We cannot understand this statute without considering the mischief which it was designed to remedy.... | |
| 1887 - 1910 pages
...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,...proceed no further therein, but shall dismiss the suit." It is insisted by defendants that the deed from Shaw to plaintiff was colorable only, and was not made... | |
| 1899 - 2060 pages
...substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, * » » the said circuit court shall proceed no further therein,...from which it was removed, as justice may require," etc. The plea to the jurisdiction raises the question whether this suit really and substantially involves... | |
| 1882 - 1916 pages
...and substantially involve a dispute or controversy properly within its jurisdiction, * * * the said court shall proceed no further therein, but shall...from which it was removed, as justice may require." The court, then, not only has the authority, but is charged with the duty, on its own motion, or at... | |
| 1889 - 1878 pages
...circuit court, or that the parties to said suit have been improperly or collusively made or joined * * * for the purpose of creating a case cognizable or removable...said circuit court shall proceed no further therein." Rule 9 of the circuit court provides that "when any matter in abatement, other than such as affects... | |
| 1882 - 1904 pages
...jurisdictiou of said circuit court, or that the parties to said suit have been improperly or collusiyely made or joined, either as plaintiffs or defendants,...creating a case cognizable or removable under this act, the'said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to... | |
| 1907 - 2094 pages
...continues: "Here the words 'really' and 'substantially,' and the expression 'improperly or collusively made or joined, either as plaintiffs or defendants,...purpose of creating a case cognizable or removable,' are very suggestive, and show that, by giving the Circuit Courts authority to dismiss or remand the... | |
| 1892 - 1912 pages
...to said suit have been improperly or collusively made or joined, either as plaintiffs ordefendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court sball proceed no further therein, but shall dismiss the suit, or remand it to the court from which... | |
| 1886 - 1942 pages
...satisfaction of the circuit court that the parties to such suit have been improperly or collusively made or joined, either" as plaintiffs or defendants, for the purpose of creating a case removable under the act, it seems to me to be good practice to raise the question of the alleged improper... | |
| |