Phelps v. Oaks
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT' OF THE UNITED STATES FOR THE western DISTRICT OF MISSOURI. The plaintiffs in error, who were plaintiffs below, brought their action in the Circuit Court of DeKalb County, Missouri, at the April Term, 1883, against George R. Oaks for the recovery of the possession of certain lands in that county, unlawfully withheld by him, as they alleged, and for damages therefor and for rents and profits.
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ERROR TO THE CIRCUIT COURT' OF THE UNITED STATES FOR THE western DISTRICT OF MISSOURI. The plaintiffs in error, who were plaintiffs below, brought their action in the Circuit Court of DeKalb County, Missouri, at the April Term, 1883, against George R. Oaks for the recovery of the possession of certain lands in that county, unlawfully withheld by him, as they alleged, and for damages therefor and for rents and profits. The defendant, a citizen of Missouri, having been served with process, the plaintiffs, who were citizens of Pennsylvania, filed their petition for the removal of the cause to…
1Opinion of the CourtJustice Matthews
After, stating the case as above reported, he' continued:
-That the cause when removed from the State to the Circuit Court was rightly removed is not denied. Under the Eemoval Act of 1875, the plaintiffs were authorized to remove their ac tion, although brought by them in the first place in the State court, into the Circuit Court of the United States, they being citizens of Pennsylvania, and the defendant a citizen of Missouri and an inhabitant of the district."
The ground on which the suit was remanded was that it subsequently appeared that it did not really and substantially involve a…
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