Male v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW TORE. The facts, which involve the jurisdiction of this court under § 238, Jud. Code, and of the District Court under § 51, Jud. Code,- are stated in the opinion-. The provisions of § 37, Jud. Code, have no application to a case where there was Federal jurisdiction before the -assignment.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW TORE. The facts, which involve the jurisdiction of this court under § 238, Jud. Code, and of the District Court under § 51, Jud. Code,- are stated in the opinion-. The provisions of § 37, Jud. Code, have no application to a case where there was Federal jurisdiction before the -assignment. Even where diversity of citizenship is created by an assignment, the mere fact that the purpose was to make the cáse one of Federal cognizance, is no evidence of such impropriety or collusion as will justify a dismissal of…
1Opinion of the CourtChief Justice White
On this direct appeal a reversal is sought of a decree below which dismissed the bill for want of jurisdiction. There is a motion to dismiss on the ground that “the .questions involved upon this appeal are moot ques tions ... for the reason that subsequent to the dismissal of the bill herein by the lower court the appellant as plaintiff instituted in the Supreme Court of the State of New York, County of New York, an action upon the same alleged cause of action against the same defendants and that such action in the Supreme Court of the State of New York was heard and determined and that á…
2Cases cited14 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
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3Cited by22 opinions
- Robertson v. Railroad Labor BoardSupreme Court of the United States · 1925
- Bankers Trust Co. v. Texas & Pacific Railway Co.Supreme Court of the United States · 1916
- Suttle v. Reich Bros. Construction Co.Supreme Court of the United States · 1948
- Northern Natural Gas Company v. Ralph Grounds, Malcolm Miller, Movant-Appellant v. Foulston, Siefkin, Powers & EberhardtCourt of Appeals for the Tenth Circuit · 1991
- Cramer v. Phoenix Mut. Life Ins. Co. of Hartford, Conn.Court of Appeals for the Eighth Circuit · 1937
17 more not listed; retrieve them via the Exa API.