(Download) "Wetmore v. Rymer." by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: Wetmore v. Rymer.
- Author : Supreme Court of the United States
- Release Date : January 17, 1898
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
the action of the Circuit Court in dismissing the plaintiffs action for the want of jurisdiction is reviewable by us. The court acted in pursuance of the fifth section of the act of March 3, 1875, c. 137, 18 Stat. 470, 472, which provided, "that if, in any suit commenced in a Circuit Court or removed from a state court to a Circuit Court of the United States, it shall appear to the satisfaction of said Circuit Court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said Circuit Court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and shall make such order as to costs as shall be just; but the order of said Circuit Court dismissing or remanding said cause to the state court shall be reviewable by the Supreme Court on writ of error or appeal as the case may be."