St. Paul, Minneapolis & Manitoba Railway Co. v. Burton

Supreme Court

St. Paul, Minneapolis & Manitoba Railway Co. v. Burton

111 U.S. 788, 4 S. Ct. 699, 28 L. Ed. 604, 1884 U.S. LEXIS 1840

Supreme Court of the United States·Decided May 5, 1884·No. 1269·Published·Cited by 2 cases

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

The order remanding this case is affirmed. The act of March 3d, 1875, c. 137,-sec. 5, 18 Stat. 470, makes it the duty of the Circuit Court to remand a suit which has been removed from a State court when it satisfactorily appears that the “ suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court.” The exemplification of the record of the naturalization of Moses Burton, which was offered in evidence, did not require, to complete its authentication, the certificate of the clerk under the seal of his office that the judge of the court was duly commissioned and qualified. The certificates may be to some extent defective in form, but we think the record as a whole could properly be considered by the judge on the question of remanding the cause.

Affirmed.

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Mr. Chief Justice Waite

delivered the opinion of the court.

The order remanding this case is affirmed. The act of March 3d, 1875, c. 137,-sec. 5, 18 Stat. 470, makes it the duty of the Circuit Court to remand a suit which has been removed from a State court when it satisfactorily appears that the “ suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court.” The exemplification of the record of the naturalization of Moses Burton, which was offered in evidence, did not require, to complete its authentication, the certificate of the clerk under the seal of his office that the judge of the court was duly commissioned and qualified. The certificates may be to some extent defective in form, but we think the record as a whole could properly be considered by the judge on the question of remanding the cause.

Affirmed.

St. Paul, Minneapolis & Manitoba Railway Co. v. Burton, 111 U.S. 788, 4 S. Ct. 699, 28 L. Ed. 604, 1884 U.S. LEXIS 1840 (1884).

Pincite

111 U.S. 788 (St. Paul, Minneapolis & Manitoba Railway Co. v. Burton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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