Evers v. Watson

Citations

• 156 U.S. 527
• 15 S. Ct. 430
• 39 L. Ed. 520
• 1895 U.S. LEXIS 2158

Syllabus

<p>When it is not shown when, or at whose instance, or upon what ground a removal of a cause from a state court was effected, and no copy of the petition or of the substance of it is in the bill or annexed to it, everything must be presumed against the party objecting to it.</p> <p>As, under the act of March 3, 1875, c. 137, it was in the power of the court to rearrange the parties and to place them on different sides according to the actual facts, it is to be assumed that that power was exercised by the court below, and its action in that respect is not reviewable here. After a final decree in a case, an apparent want of jurisdiction on the face of the record cannot be availed of in a collateral proceeding.</p> <p>The charges of fraud in this case are too vague to be made the basis of a bill to set aside a judicial sale.</p> <p>The delay of the plaintiffs for four years to assert their claim is, under the circumstances, fatal to it.</p>