Boatmen's Bank v. Fritzlen

Citations

• 135 F. 650
• 68 C.C.A. 288
• 1905 U.S. App. LEXIS 4355

Syllabus

<p>1. Removal of Causes—When Jurisdiction Transferred.</p> <p>Whenever, upon the filing of a petition for removal, the record discloses a removable cause, the jurisdiction of the state court ceases, and that of the federal court vests.</p> <p>[Ed. Note.—For cases in point, s.ee vol. 42, Cent. Dig. Removal of Causes, §§ 204-206.]</p> <p>2. Same—Motions to Remand and for Removal Determinable by Preponderance of Evidence, Law, and Reason.</p> <p>Motions to remand and for removal should be decided, not by the existence of doubts, but by the preponderance of the facts, the law, and the reasons which condition them, in view of the fact that the right to invoke the jurisdiction of the federal court is a valuable and constitutional one; that an erroneous affirmance of a claim to this right may be corrected by the Supreme Court upon a certificate of the question of jurisdiction, while a mistaken denial of the claim is not reviewable, and an-error that may be corrected is less grievous than one that is remediless.</p> <p>8. Jurisdiction—Court may Act on Fraudulent Attempt to Evade, Patent upon Record.</p> <p>Where the fact is patent upon the face of the pleadings and record in a suit that an improper party has been joined, or a sham cause of action has been injected into the case, for the sole purpose of defeating the jurisdiction of the federal court over the real controversy, pleading and evidence of that fact aliunde are not indispensable; and the court may find the attempted fraud upon its jurisdiction from the record alone, and prevent its perpetration.</p> <p>4. Federal Court—Jurisdiction—Indispensable Parties Alone to be Considered.</p> <p>In the determination of the questions involving the jurisdiction of the-federal court or the removal of causes, indispensable parties only should be considered, and all others should be disregarded.</p> <p>[Ed. Note.—For cases in point, see vol. 42, Cent. Dig. Removal of.' Causes, §§ 71, 79, 80.]</p> <p>5. Same—Removal of Causes—Rear