Indiana ex rel. Delaware County v. Alleghany Oil Co.
U.S. Circuit Court for the District of Indiana
This is an action by the state of Indiana to recover a penalty for violation' of the statute malting it unlawful to permit the flow of gas or oil from a well into the open air. Defendants removed the case from the circuit court of Delaware county, and plaintiff moved to remand. On January 3, 1898, the plaintiff filed its complaint against the defendants in the circuit court of Delaware county, Ind.
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This is an action by the state of Indiana to recover a penalty for violation' of the statute malting it unlawful to permit the flow of gas or oil from a well into the open air. Defendants removed the case from the circuit court of Delaware county, and plaintiff moved to remand. On January 3, 1898, the plaintiff filed its complaint against the defendants in the circuit court of Delaware county, Ind. The material parts of the complaint are as follows: That on November 17, 1897, the defendants owned and had possession and control of a certain natural gas and oil well situated on certain land in…
1Opinion of the Court
BAKER, District Judge.
When a state brings a suit in a court of its own creation against a citizen of another state, no removal can be had into a circuit court of the United States on the ground of the diyerse citizenship of the parties. A state is not a citizen of any state, and, under the judiciary acts of the United States, it is firmly settled that a suit between a state and a citizen or corporation of another state is not between citizens of different states; and that the circuit courts of the United States have no jurisdiction of it unless it arises under the constitution, laws, or…
2Cases cited18 opinions
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Postal Telegraph Cable Co. v. AlabamaSupreme Court of the United States · 1894
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
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3Cited by14 opinions
- Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
- Southern Railway Co. v. StateIndiana Supreme Court · 1905
- Gruetter v. Cumberland Telephone & Telegraph Co.U.S. Circuit Court for the District of Western Tennessee · 1909
- McCreary v. First National BankTennessee Supreme Court · 1902
- Darnell v. StateIndiana Supreme Court · 1910
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