Board of Com'rs v. Toronto Bank

Citations

• 128 F. 157
• 1904 U.S. App. LEXIS 4667

Syllabus

<p>1. Removal of Causes — Jurisdiction—Rueden of Pboof.</p> <p>When the jurisdiction oí the federal court over a case removed into that court from a state court depends upon a question of fact, the existence of such jurisdictional fact must be well pleaded in the petition fox-removal filed in the state court, and, if issue is joined on the truth of the allegations contained in such petition for removal, the burden of proof rests upon the removing party to establish the existence of such jurisdictional fact in the federal court by the greater weight of testimony.</p> <p>2. Same-Matters ox? Law.</p> <p>The cases removed from a state court into the federal court, in which the petition filed by plaintiff in the state court is conclusive in the federal court on the question of its'jurisdiction, are cases in which the question of jurisdiction of the federal court depends upon the legal construction of plaintiff’s petition as to the joint liability of defendants, or other matter of law.</p> <p>(Syllabus by the Court.)</p>