In re City of Chicago
U.S. Circuit Court for the Northern District of Illnois
¡Special assessment proceedings by the city of Chicago, removed to the federal-court The city moves to remand. The city of Chicago moves to remand to the county court of Cook county a special assessment proceeding for putting a sewer in Montrose Boulevard, which case was removed to this court on petition of the Fidelity Insurance, Trust & Safe-Deposit Company, as a nonresident lot owner, claiming separable controversy.
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¡Special assessment proceedings by the city of Chicago, removed to the federal-court The city moves to remand. The city of Chicago moves to remand to the county court of Cook county a special assessment proceeding for putting a sewer in Montrose Boulevard, which case was removed to this court on petition of the Fidelity Insurance, Trust & Safe-Deposit Company, as a nonresident lot owner, claiming separable controversy. Proceedings were instituted by the city for making this improvement, pursuant to article 9 of the act of the Revised Statutes oí Illinois relating to cities and villages. This…
1Opinion of the CourtSeaman, District Judge
(after stating tlie facts). This motion to remand presents two important questions, namely: (1) Can the proceedings for this special assessment he held to constitute a “suit,” within the meaning of the federal judiciary laws? (2) If so taken, is there a separable controversy, as required by the removal statute?
1. There have been frequent definitions by the supreme court of a “suit” in the sense of these removal acts, applying it to all proceedings which are strictly judicial, and in which parties are litigating their nights. In Weston v. City of Charleston, 2 Pet. 449, the opinion, by Chief…
2Cases cited15 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Ex Parte MilliganSupreme Court of the United States · 1867
- Kohl v. United StatesSupreme Court of the United States · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Commissioners of Road Improvement District No. 2 v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1922
- In re DitchU.S. Circuit Court for the District of Indiana · 1895
- In re Stutsman CountyU.S. Circuit Court for the District of South Dakota · 1898
- Missouri Pacific Railroad v. Izard County Highway Improvement District No. 1.Supreme Court of Arkansas · 1920
- In re Mississippi River Power Co.District Court, S.D. Iowa · 1917
4 more not listed; retrieve them via the Exa API.