Mitchell Engineering & Machinery Co. v. Worthington

Citations

• 140 F. 947
• 1905 U.S. App. LEXIS 4861

Syllabus

<p>Removal of Causes — Federal Question — How Presented.</p> <p>Under the removal statute (Act Aug. 13, 1888, c. 866, 25 Stat. 433 [U. S. Comp. St. 1901, p. 509]), a cause not removable on the ground of diversity of citizenship, or otherwise provided for, cannot be removed as one arising under the Constitution or a law or treaty of the United States, unless such fact appears from plaintiff’s statement of his claim, and if It does not so appear the want cannot be supplied by any statement in the petition for removal, or in the subsequent pleadings.</p> <p>[Ed. Note. — Jurisdiction in cases involving federal question, see notes to Bailey v. Mosher, 11 C. C. A. 308; Montana Ore-Purchasing Co. v. Boston & M. C. C. & S. Min. Co., 35 C. C. A. 7.]</p>