Stewart v. Hickman

On Motion for Rehearing.

Able and zealous counsel have earnestly urged a reconsideration of my opinion wherein I held the above case should be remanded to the state court from which it was removed.

Numerous opinions written by district judges have been cited as holding a view far different from mine. These have been examined but are not convincing.

This cause was removed upon the theory that a federal question is involved. Such theory was predicated upon the language of paragraph numbered (8) of Section 41,' Title 28 U.S.C.A., relating to the general subject of original jurisdiction of federal…