Starin v. New York
Supreme Court of the United States
APPEALS FROM THE .CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. These were appeals from orders of the Circuit Court remanding a suit which had been removed from a State court under the act of March 3, 1875, ch. 137, 18 Stat. 470. The questions to be decided arose on the following facts : The Mayor, Aldermen and Commonalty of the City of New York, a municipal corporation of the State of New York, commonly called the City of New York, brought a suit…
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APPEALS FROM THE .CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. These were appeals from orders of the Circuit Court remanding a suit which had been removed from a State court under the act of March 3, 1875, ch. 137, 18 Stat. 470. The questions to be decided arose on the following facts : The Mayor, Aldermen and Commonalty of the City of New York, a municipal corporation of the State of New York, commonly called the City of New York, brought a suit in equity on or about-the 11th of August, 1884, in the Superior Court of the City of New York, against John H. Starin,…
1Opinion of the CourtChief Justice Waite
After stating the facts in the language reported above, he continued:
We will first consider whether the suit is one which arises under the Constitution or laws of the United States ; for, if it is not, the order to remand was right, so far as the removal upon the application of all the- defendants is concerned.
The character of a case is determined-by the questions involved. Osborn v. Bank of United States; 9 Wheat. 737, 824. If from the questions it appears that some title, right, privilege, or immunity, on which the recovery depends, will be defeated by one construction of the Constitution…
2Cases cited12 opinions
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3Cited by169 opinions
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