Ayres v. Wiswall
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN DISTRICT OP MICHIGAN. This is an appeahunder § 5 of the act of March 3, 1875, ch. 137, 18 Stat. 470, from an order of the Circuit Court remanding a case which had been removed from a State court.
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APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN DISTRICT OP MICHIGAN. This is an appeahunder § 5 of the act of March 3, 1875, ch. 137, 18 Stat. 470, from an order of the Circuit Court remanding a case which had been removed from a State court. The suit was brought on the 15th of April, 1879, in the Circuit Court of Huron County, Michigan, by the appellees, citizens of New York, against Ebenezer Wiswall, also a citizen of New York; Ebenezer R. Ayres, a citizen of Ohio; Frederick S. Ayres, James S.- Ayres, Charles G. Learned, citizens of Michigan, and many others whose…
1Opinion of the CourtChief Justice Waite
He stated the facts in the foregoing language, and continued:
The 5th section of the act of March 3, 1875, makes it the duty of the Circuit Court of the United States to remand a cause which has been removed from a State court when it shall appear to the satisfaction of the court, at any time after the suit has been removed, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of the court. For this purpose the Circuit Court retained its power over the suit and the parties until the end of the term at which the final decree was…
2Cases cited8 opinions
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- Meyer v. Construction CompanySupreme Court of the United States · 1879
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3Cited by130 opinions
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