Mastin v. Chicago, R. I. & P. Ry. Co.

Citations

• 123 F. 827
• 1903 U.S. App. LEXIS 4947

Syllabus

<p>1. Removal op Causes—Federal Question.</p> <p>An action to recover damages alleged to have been sustained by plaintiff by reason of the shipment by defendant of diseased cattle into a state from a territory, in violation of a law of the United States and of the regulations made by the Secretary of Agriculture for its enforcement, is one arising under such law and removable on that ground, although it is also alleged, as additional grounds of recovery, that shipment of the cattle was a violation of the laws of the territory and of the state into which they were brought.</p> <p>2. Jurisdiction op Federal Court—Estoppel op Removing Dependant to Deny.</p> <p>A defendant on whose petition a cause is removed into a federal court is estopped to deny the jurisdiction of such court to render judgment against him therein, unless on the ground that the state court was without jurisdiction.</p>