Swofford v. Cornucopia Mines of Oregon

Citations

• 140 F. 957
• 1905 U.S. App. LEXIS 4862

Syllabus

<p>1. Removal of Causes — Federal Question — Amount in Controversy.</p> <p>Á trustee or receiver in bankruptcy cannot remove a cause into a federal court, on the ground that it is one arising under the laws of the United States, unless it clearly appears that the jurisdictional amount of $2,000 is involved.</p> <p>[Ed. Note. — Jurisdiction of Circuit Courts as determined by the amount in controversy, see notes to Auer v. Lombard, 19 C. C. A. 75; Tennant-Stribling Shoe Co. v. Roper, 36 C. C. A. 459.]</p> <p>2. Same — Costs—Statutory Attorney’s Fees.</p> <p>Under B. & C. Comp. Or. § 5672, which provides that, on a recovery In suits to enforce miners’ liens, a reasonable attorney’s fee shall be allowed “as part of the costs,” the amount prayed for as an attorney’s fee cannot be added to the amount of the lien for the purpose of making the requisite amount to give a federal court jurisdiction on removal.</p> <p>[Ed. Note. — Jurisdiction of federal courts 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>