Rooker v. . Crinkley

18 S.E. 56, 113 N.C. 73

• Court: Supreme Court of North Carolina
• Decided: September 5, 1893
• Status: Published

Opinion

MacRab, J.:

We concur with his Honor that the affidavit and petition of defendant shows no removable cause. The act of Congress governing removals of causes from the State to the Ftderal Courts, and which is applicable to these cases, is that of March 3,1887, and embraces (1) suits arising under the Constitution and laws of the United States, and treaties made in pursuance -thereof; (2) suits in which the United States are plaintiff; (3) suits between citizens of different States; (1) suits between citizens of the same State claiming lands under grants from different States; and (5) suits between citizens of a State and foreign States, citizens and subjects.

Section 2 provides, among other things: “Any other suit of a civil nature, at law or in equity, of which the Circuit Courts of the United States are given jurisdiction by the preceding section, and which are now pending, or which may hereafter be brought in any Stale Court, may he removed into the Circuit Court of the United States for the proper district by the defendant or defendants therein being non-residents of that State.” Cudahy v. McGeoch, 37 Fed. Rep., 1; Walker v. O’Neal, 38 Fed. Rep., 374. These are suits between a citizen of this State and an alien resident in this State, and are not removable under the act of Congress.

No Error.