Ferguson v. Ross
U.S. Circuit Court for the District of Eastern New York
At Law. Motion to dismiss. This is an action brought by the plaintiff, Cornelius Ferguson, in his official capacity as shore inspector, under the laws of the state of New York, to recover penalties from the defendants, P. S. Ross and Joseph B. Saudford, for depositing prohibited materials in the waters of the bay and harbor* of New York. Plaintiff is a citizen and resident of New York, (Eastern district;) defendants are citizens and residents of New Jersey.
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At Law. Motion to dismiss. This is an action brought by the plaintiff, Cornelius Ferguson, in his official capacity as shore inspector, under the laws of the state of New York, to recover penalties from the defendants, P. S. Ross and Joseph B. Saudford, for depositing prohibited materials in the waters of the bay and harbor* of New York. Plaintiff is a citizen and resident of New York, (Eastern district;) defendants are citizens and residents of New Jersey. The actions were begun in the state supreme court, and removed here by the defendants, under the act of March 3, 1887. Upon the trial,…
1Opinion of the Court
Lacombe, J.,
(after stating the fads as above.") The fact that removal into this court was had upon the application of the defendant is immaterial, if the controversy is one of which the circuit court has no jurisdiction. Lazensky v. Knights of Honor, 32 Fed. Rep. 417. There is no pretense that the matter in dispute arises under the constitution or laws of the United States. It is only as “a controversy between citizens of different states” that the plaintiff insists that this court has power to dispose of it, and on that theory he seeks to sustain the removal. There is no statute which…
2Cases cited9 opinions
- In Re AyersSupreme Court of the United States · 1887
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Louisiana v. JumelSupreme Court of the United States · 1883
- Hagood v. SouthernSupreme Court of the United States · 1886
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