Illinois Central Railroad v. LeBlanc

Citations

• 74 Miss. 626

Syllabus

<p>1. Removal to Federal Court. Jurisdiction.</p> <p>The state court ceases to have jurisdiction of a cause upon the filing of a petition and bond for the removal of the ease to the federal court, only when the petition and bond, taken in connection with the whole record, shows a case that is removable under the acts of congress.</p> <p>2. Same. Diverse citizenship. Defendants fraudulently joined.</p> <p>The removal of a cause to the federal court, on the ground of petitioner’s citizenship of another state, is properly refused, where, in connection therewith, he merely alleges that his co-defendants, like the plaintiff, are citizens of this state, and were fraudulently made defendants to prevent a removal, the case being one in which all of the defendants were sued as joint tort feasors.</p> <p>3. Evidence. Value. Offers to purchase.</p> <p>In a suit for damages for the taking of gravel from plaintiff’s land, it is incompetent to prove offers to purchase made to plaintiff, and evidence of value based thereon should not be received.</p> <p>4. Same. ‘ Prices paid.</p> <p>In such case testimony of prices paid for gravel spread upon the streets of a city, there being no evidence as to what it cost to place it on the streets, is incompetent; but if the cost of getting the material from the pit, and its transportation, etc., is shown, such evidence is admissible for consideration with other evidence in determining value.</p> <p>5. Same. Prices received by contractors.</p> <p>In such suit evidence of what contractors for paving the streets of a city with gravel received on their contracts, their profits and the amounts paid by the city for their guaranty to maintain the streets not being shown, is incompetent.</p> <p>6. Same. Purposes for which material used.</p> <p>In such case it is competent to prove any purpose for which the material could be used.</p> <p>7. Same. No market value. Actual sales. Other markets.</p> <p>Where the property to be valued cannot be definitely