Gold-Washing and Water Co. v. Keyes
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of California. This was a suit in the nature of a bill in equity, commenced July 29, 1876, in a State court of California, by Keyes, the owner of certain agricultural lands situated on Bear River, against the Little York Gobi-Washing and Water Company, and others, the plaintiffs in error, who were engaged in hydraulic mining upon the highlands adjacent to that river and its tributaries, to' restrain them from…
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Error to the Circuit Court of the United States for the District of California. This was a suit in the nature of a bill in equity, commenced July 29, 1876, in a State court of California, by Keyes, the owner of certain agricultural lands situated on Bear River, against the Little York Gobi-Washing and Water Company, and others, the plaintiffs in error, who were engaged in hydraulic mining upon the highlands adjacent to that river and its tributaries, to' restrain them from depositing the tailings and. debris from their several.mines in the channel of the river. The defendants demurred to the…
1Opinion of the CourtChief Justice Waite
delivered the opinion .of the court.
It is well settled that in the courts of the United States the special facts necessary for jurisdiction must in some form appear in the record of every suit, and that the right of removal from the State courts to the United States courts is statutory. A suit commenced in a State court must remain there until cause is shown under some act of Congress for its transfer. The record in the State court, which includes the petition for removal, should be in such a condition when the removal takes place as to show jurisdiction in the court to which it goes. If it…
2Cases cited2 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
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- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
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