Goodsell v. Delta & Pine Land Co.

Citations

• 72 Miss. 580

Syllabus

<p>1. Federal Court. Removal of cause. Di/verse citizen ship. Act of congress 1875.</p> <p>Under act of congress, March. 3, 1875, the circuit court of the United States to which a cause is removed, in determining whether there is the requisite diverse citizenship of the parties, will disregard the position they occupy in the pleadings, and group them on opposite sides, according to the real facts and subject-matter.</p> <p>2. Federal Courts. Jurisdiction. Judgments. Collateral attack.</p> <p>While the circuit courts of the United States are courts of limited jurisdiction, and, in a direct attack on their judgments by appeal, the record must show the jurisdictional facts, yet they are not courts of inferior power in the sense that, unless such jurisdictional facts appear on the face of their judgments or proceedings, such judgments are void when attacked in the state courts or elsewhere collaterally.</p> <p>3. Same. Collateral attack. Jy/riscticliondl facts. Presumvption.</p> <p>Where the circuit court of the United States holds that a cause has been properly remoVed from a state court, and overrules a motion to remand, and proceeds to final decree, afterwards, in a suit in the state court attacking such decree for want of jurisdiction on the ground that the cause was not removable, the decree will not be held void unless it be shown that, in no state of case, could the federal court have had jurisdiction of the cause by removal.</p>