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· 7/17/1912

Hall v. Great Northern Ry. Co.

Citations

  • 197 F. 488
  • 1912 U.S. Dist. LEXIS 1448

Syllabus

<p>1. Courts (§ 270*) — Federal Jurisdiction — Aliens.</p> <p>The statute which prohibits suit in any federal court save that in the district whereof defendant is an inhabitant applies to suits by aliens, but not suits against them.</p> <p>[Ed. Nóte. — For other cases, see Courts, Cent. Dig. § 810; Dec. Dig'. § 270.*]</p> <p>2. Courts (§ 272*) — Federal Jurisdiction — Aliens—“Citizen.”</p> <p>The féderal statutes which provide that, when jurisdiction of a federal court is founded on the fact that the action is between citizens of differr ent states, suit shall be brought only in the district of the residence of either plaintiff or defendant, does not apply to aliens.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 811; Dec. Dig. 8 272*</p> <p>For other definitions, see Words and Phrases, vol. 2, pp. 1164-1174; vol. 8, pp. 7602-7603.]</p> <p>8. Removal of Causes (§ 26*) — Causes not Removable.</p> <p>Under the statutes which fix the jurisdiction of federal courts, a case that could not be brought and maintained in such a court against defendant’s objection cannot be removed and maintained therein against plaintiff’s objections.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Cent. Dig. §§ 60-63; Dec. Dig. § 26.*]</p> <p>4. Removal of Causes (§ 26*) — Causes not Removable.</p> <p>An action brought in a state court by alien citizens and residents against a citizen and resident of another state is not removable to the federal District Court over plaintiff’s objection.</p> <p>[Ed. Note. — For other cases, see Removal of Canses, Cent. Dig. §§ 60-63; Dec. Dig. § 26.*]</p> <p>5. Removal of Causes (§ 26*) — Purpose of Act.</p> <p>The purpose of the removal acts in giving the federal courts jurisdiction of controversies between citizens of different states or between citizens of one state and aliens was to secure a tribunal presumed to be more impartial than a court of the state in which one of the litigants resides.</p> <p>[Ed. Note. — For other cas

Judges: Bourquin

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