Harrington v. Great Northern Ry. Co.

Citations

• 169 F. 714
• 1909 U.S. App. LEXIS 5473

Syllabus

<p>1. Removal of Causes (§ 107*) — Motion to Remand — Time for Making.</p> <p>Under Judiciary Act March 3, 1875, c. 137, § 5,18 Stat. 472 (U. S. Comp. St. 1901, p. 511), which provides that, if it shall appear to a Circuit Court that a cause brought therein or removed thereto is not within its jurisdiction, it shall proceed no further therein but shall dismiss or remand the same, such court has the right to determine whether or not a cause has been properly removed to it immediately upon the filing of the record therein either by the removing defendant or the plaintiff, and to make such orders as such determination may require.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Dee. Dig. § 107.*]</p> <p>2. Removal of Causes (§ 86*) — Proceedings fob Removal — Petition in State Court.</p> <p>A petition for removal may allege the citizenship of the parties regardless of the allegations of the plaintiff’s pleading, and where its allegations show the requisite citizenship to authorize the removal they are to be deemed true unless controverted by the plaintiff.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Cent. Dig. § 170; Dec. Dig. § 86.*]</p> <p>3. Removal of Causes (§ 107*) — Proceedings for Remand — Issues of Fact.</p> <p>A motion to remandas properly determinable on the facts appearing on the face of the record, but, where it controverts allegations of fact in the ' petition for removal necessary to sustain the jurisdiction of the court, it may by the practice of the court be treated as a plea to the jurisdiction and the parties required to take evidence on such issues.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Cent. Dig. § 230; Dec. Dig. § 107.*]</p>