Henuy v. La Compagnie Generale Transatlantique

U.S. Circuit Court for the District of Southern New York

Henuy v. La Compagnie Generale Transatlantique

96 F. 497, 1899 U.S. App. LEXIS 3260

U.S. Circuit Court for the District of Southern New York·Decided April 15, 1899·Published

Opinion

LACOMBF Circuit Judge.

“It is thoroughly seífíei that under the act of Augur*. At 1888, the circuit court of the United States has no jurisdiction, >!' c original or by removal from a state court, of a suit as one arising under the constitution, laws, or treaties of the United States, unless that appears by the plaintiff’s statement to he a necessary part of his claim.” Railway Co. v. Lewis (March 20, 1899) 19 Sup. Ct. 451. A careful re-examination of the conc’Jaint wholly fails to disclose any provision of constitution, stature, or trea ty which is made by such complaint a necessary part of plaintiff’s claim. The former decision, remanding the cause, will not be disturbed.

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LACOMBF Circuit Judge.

“It is thoroughly seífíei that under the act of Augur*. At 1888, the circuit court of the United States has no jurisdiction, >!' c original or by removal from a state court, of a suit as one arising under the constitution, laws, or treaties of the United States, unless that appears by the plaintiff’s statement to he a necessary part of his claim.” Railway Co. v. Lewis (March 20, 1899) 19 Sup. Ct. 451. A careful re-examination of the conc’Jaint wholly fails to disclose any provision of constitution, stature, or trea ty which is made by such complaint a necessary part of plaintiff’s claim. The former decision, remanding the cause, will not be disturbed.

Henuy v. La Compagnie Generale Transatlantique, 96 F. 497, 1899 U.S. App. LEXIS 3260 (circtsdny 1899).

Pincite

96 F. 497 (Henuy v. La Compagnie Generale Transatlantique) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.