Starin v. New York

Citations

• 115 U.S. 248
• 6 S. Ct. 28
• 29 L. Ed. 388
• 1885 U.S. LEXIS 1834

Syllabus

<p>When it appears in a suit that some title, right, privilege or immunity on which- recovery depends, will be defeated by one construction of the Constitution or laws of the United States, or sustained by the opposite construction, the case is one arising under the Constitution or laws of 'the United States, within the meaning of that term as used in the act of March 8,1875, . 18 Stat. 470.</p> <p>The questions whether the City of New York has the exclusive right to establish ferries between Manhattan Island and the north shore of Staten Island on the Kill von Kull;' and, whether in a given case this right has been interfered with by the setting up of a ferry without license, are not questions arising under the Constitution or laws of the United States.</p> <p>A separate defence by one defendant, in a joint suit against him and others upon a joint or a joint and several cause of action, does not create a separate controversy, so as to entitle that defendant, if the necessary citizenship exists as to him, to a removal of the cause under the second clause of § 2, act of March 8, 1875.</p> <p>Louisville & Nashville Railroad Co. v. Ide, 114 U. S. .52 ; Putnam v. Ingraham, 114 U. S. 57 ; and Pirie v. Tuedt, 115 U. S. 41; affirmed.</p>