Arkansas v. Choctaw & M. R.

Citations

• 134 F. 106
• 1905 U.S. App. LEXIS 5044

Syllabus

<p>1. Removal oe Causes — Fedebal Question — 'What Constitutes.</p> <p>To entitle a party to remove a cause from a state to a federal court upon the ground that a federal question is involved, it is necessary (1) that that fact appear from the plaintiff’s statement of facts in the complaint ; (2) that that allegation is real and substantial, and not without color or merit; (3) that it appear from the complaint that, in some aspect which the case may assume, a federal question may really be involved, and that it is set up in good faith; (4) that, if there is a doubt as to the right to remove, the doubt must be resolved against jurisdiction.</p> <p>2. Same.</p> <p>When the proposition claimed to raise the federal question has been definitely determined by the Supreme Court of the United States, it ceases to be a federal question, within the meaning of the removal acts of Congress.</p> <p>(Syllabus by the Court.)</p>