Cruikshank v. Fourth Nat. Bank
U.S. Circuit Court for the District of Southern New York
Motion to Bemand Cause.
1Opinion of the CourtWallace, J.
The right of the defendant, as a corporation created by the laws of congress, to remove a suit brought against it in a state court, is clearly conferred by section 2 of the removal act of 1875, if such a suit is one arising under the laws of the United States.
That section is very comprehensive, and among the new provisions which it introduces is that which authorizes the removal of suits of the circuit courts arising under the constitution and laws of the United States, irrespective of the citizenship of the parties. If the suit is one of this character it is quite unnecessary to explore…
2Cases cited2 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Pettilon v. NobleU.S. Circuit Court for the Northern District of Illnois · 1877