St. Paul, Minneapolis & Manitoba Railway Co. v. Burton
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. . The defendant’ in error commenced this action against the plaintiff in error as a common carrier in a State court. The cause was removed to the Circuit Court of the United States on ‘the allegation that the plaintiff below was an alien...
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. . The defendant’ in error commenced this action against the plaintiff in error as a common carrier in a State court. The cause was removed to the Circuit Court of the United States on ‘the allegation that the plaintiff below was an alien... In the Circuit'Court the plaintiff below moved to remand- the cause, averring that he was a citizen by reason of the naturalization oi his father: Proof was offered of the father’s naturalization, which was received by thé court against the objection of, the- defendant below,…
1Opinion of the CourtChief Justice Waite
The order remanding this case is affirmed. The act of March 3d, 1875, c. 137,-sec. 5, 18 Stat. 470, makes it the duty of the Circuit Court to remand a suit which has been removed from a State court when it satisfactorily appears that the “ suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court.” The exemplification of the record of the naturalization of Moses Burton, which was offered in evidence, did not require, to complete its authentication, the certificate of the clerk under the seal of his office that the judge of…
2Cited by2 opinions
- Greenhood and Others v. RandallSupreme Court of the United States · 1884
- United States v. Lew Poy DewDistrict Court, N.D. New York · 1903