Arkansas v. Kansas & Texas Coal Co.
Citations
- 183 U.S. 185
- 22 S. Ct. 47
- 46 L. Ed. 144
- 1901 U.S. LEXIS 1265
Syllabus
<p>The test of the right to remove a case from a state court into the Circuit Court of the United States under section two of the act of March 3, 1887, as corrected by the act of August 13, 1888, is that it must bé a case over which the Circuit Court might have exercised -original jurisdiction under section one of that act.</p> <p>A case cannot be removed on the ground that it is one arising under the Constitution, laws or treaties of the United States unless that appears by plaintiff’s statement of his own claim, and if it does not so appear,' the want of it cannot be supplied by any statement of‘ the petition for removal or in the subsequent pleadings, or by taking judicial notice of facts not relied on and regularly brought into controversy.</p> <p>Although it appears from plaintiff’s statement of his claim that it cannot be maintained at all because inconsistent with the Constitution or laws of the United States, it does not follow that the case arises under that Constitution or those laws. ,</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- removal proper where federal court would have original jurisdiction
- ‘‘[I]t has been settled that a case cannot be removed from a state court into the circuit court of the United States on the sole ground that it is one arising under the Constitution, law, or treaties of the United States, unless that appears by plaintiffs statement of his own claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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