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" ... 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... "
The Supreme Court Reporter - Page 377
1899
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 25

Law - 1882 - 624 pages
...the jurisdiction of said court, or that the parties to said suit have beeu improperly or oollusively made or joined, either as plaintiffs or defendants,...act, the said Circuit Court shall proceed no further, but shall dismiss the salt or remand it to the court from which it was,, removed." It is believed that...
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Albany Law Journal, Volume 11

Law - 1875 - 438 pages
...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 under this act, the said Circuit Court shall proceed no further therein, but shall dismiss the suit...
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The Central Law Journal, Volume 12

Law - 1881 - 638 pages
...appear to the United States Circuit Court that the dispute is not properly within its jurisdiction, it "shall proceed no further therein, but shall dismiss the suit, or remand it," etc. Hence, it seems that the first inquiry, on proper motion, is to ascertain whether on the papers,...
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Statutes of the United States of America

United States - Law - 1875 - 438 pages
...diction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants,...remand it to the court from which it was removed as Review, in Su- justice may require, and shall make such order as to costs as shall be Prd™e df missin...
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Void Execution: Judicial and Probate Sales, and the Legal and Equitable ...

Abraham Clark Freeman - Executions (Law) - 1877 - 390 pages
...that, if l' at any time " after the removal the non-federal character of the case shall appear, " the Circuit court shall proceed no further therein, but...from which it was removed, as justice may require." 127Fisk v. Union Pacific RR, 8 Blatchf. 243 (1871), Nelson, J. ; Stewart v. Mordecai, 40 Ga. 1. It...
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The Southern Law Review, Volume 3

Law - 1877 - 1004 pages
...federal court if it shall appear " that the parties to said suit have been improperly or collusively made, or joined, either as plaintiffs or defendants,...creating a case cognizable or removable under this act." This seems to contemplate attempts to make a case removable by joining parties where, without the added...
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The Southern Law Review: And Chart of the Southern Law and ..., Volume 3

Law - 1877 - 980 pages
...federal court if it shall appear " that the parties to said suit have been improperly or collusively made, or joined, either as plaintiffs or defendants,...creating a case cognizable or. removable under this act." This seems to contemplate attempts to make a case removable by jaang parties where, without the added...
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Reports of Cases Argued and Determined in the Circuit Court of ..., Volume 13

United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1877 - 648 pages
...jurisdiction of said Circuit Court, or that the parties to the suit have been improperly or collusively made or joined, either as plaintiffs or defendants,...purpose of creating a case cognizable or removable under the Act, the Court shall dismiss it, or remand it to the State Court. All that is necessary to bring...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 29-30

Law reports, digests, etc - 1887 - 2090 pages
...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,...from which it was removed, as justice may require. * * *" This section of the law permits the question of jurisdiction to be raised at any time while...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 23-24

Law reports, digests, etc - 1885 - 1902 pages
...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,...from which it was removed, as justice may require. * * *" This provision wholly changes the rule that, in order to take advantage of the want of jurisdiction,...
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