Legal Opinion

Railway Co. v. Ramsey

Supreme Court of the United States

Decided March 22, 1875No. 199PublishedCited by 99 opinions

Error to the Circuit Court for the Northern District of Illinois; the case being thus : Several statutes authorize, as is known, the transfer or removal of causes, commenced in the State courts, to those of the United States. First.

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Error to the Circuit Court for the Northern District of Illinois; the case being thus : Several statutes authorize, as is known, the transfer or removal of causes, commenced in the State courts, to those of the United States. First. Where the amount in dispute, exclusive of costs, exceeds $500, and when the suit is against an alien, or is by a citizen of the State where it is brought, and against a citizen of another State, it may be removed on the petition of the defendant filed in the case, in the State court, at the time of entering his appearance in said court.* Second. When the suit is…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

In cases where the jurisdiction of the courts of the United States depends upon the character of the parties, as it no doubt does in this, the facts upon which it rests must, of course, somewhere appear in the record. They need not necessarily, however, be averred in the pleadings. It is sufficient if they are in some form affirmatively shown by the record.

Here the parties have, by stipulation and agreement placed on file and made part of the record, admitted that the cause was brought to the Circuit Court by transfer from a State court in…

2Cited by99 opinions

  1. Lincoln v. BNSF Railway CompanyCourt of Appeals for the Tenth Circuit · 2018
  2. Grace v. American Central InsuranceSupreme Court of the United States · 1883
  3. Chapman v. BarneySupreme Court of the United States · 1889
  4. Steamship Co. v. TugmanSupreme Court of the United States · 1882
  5. Robertson v. CeaseSupreme Court of the United States · 1878

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