Mansfield, Coldwater & Lake Michigan Railway Co. v. Swan

Citations

• 111 U.S. 379
• 4 S. Ct. 510
• 28 L. Ed. 462
• 1884 U.S. LEXIS 1796

Syllabus

<p>Removal of Causes — Jurisdiction—Costs.</p> <p>The necessary citizenship must appear in the record in order to give jurisdiction . to a court of the United States.</p> <p>When a cause is removed from a State court the difference of citizenship on which the right of removal depends must have existed at the time when the suit was begun, as well as at the time of removal.</p> <p>It is an inflexible rule that the judicial power of the United States must not be exerted in a case to which it does not extend, even if both parties desire to have it exerted. The language of Mr. Justice Curtis in Bred Scott Case, 19 How. 568, cited an} adopted.</p> <p>Under the act of March 3d, 1875, 18 Stat. 470, costs may be awarded in a court of the United States against a party wrongfully removing a cause from a State court, when the cause is remanded for want of jurisdiction.</p> <p>A judgment of this court remanding to a Circuit Court a cause wrongfully removed into it, with directions to remand it to the State court, is an exercise of jurisdiction. In such case costs will be awarded against the party wrongfully removing the cause, when justice and right require.</p>