McKee v. Rains
Supreme Court of the United States
Error to the Circuit Court for Louisiana. Louise Rains brought trespass, November 26th, 1866, in one of the State courts of Louisiana against McKee (who was marshal of the United States), Cady, and others, sureties of McKee in his official bond.
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Error to the Circuit Court for Louisiana. Louise Rains brought trespass, November 26th, 1866, in one of the State courts of Louisiana against McKee (who was marshal of the United States), Cady, and others, sureties of McKee in his official bond. The petition and supplemental petition alleged a forcible entry into tbe dwelling-bonse of the petitioner by the defendants McKee and Cady; violent eviction and exclusion from a great part of it, and seizure of a large quantity of valuable furniture, with special circumstances of aggravation, all which unlawful acts were perpetrated by. McKee under…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
Ve perceive nó error in the order of the Circuit Court remanding the suit to the State court. The case made by the pleadings was clearly within the jurisdiction of the State court where the suit was brought; † and the parties being all citizens of the same State, was not within the original jurisdiction of any National court.
Nor was the case one which could at any stage be removed into the Circuit Court of the United States under the act of Congress of March 3d, 1863, or April 9th, 1866.
It is very plain that the first of these acts does not…
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