CARSON V. DUNHAM, 121 U. S. 421 (1887)

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U.S. Supreme Court

Carson v. Dunham, 121 U.S. 421 (1887)

Carson v. Dunham

Submitted March 28, 1887

Decided April 23, 1887

121 U.S. 421


When a case is removed from a state court to a circuit court of the United States on the ground that the controversy is wholly between citizens of different states, and the adverse party moves in the circuit court to remand the case, denying the averments as to citizenship, the burden is on the party at whose instance the suit was removed to establish the citizenship necessary to give jurisdiction to the Circuit Court. chanrobles.com-red

Page 121 U. S. 422

A petition filed in a state court showing on its face sufficient ground for the removal of the cause to a circuit court of the United States may be amended in the latter court by adding to it a fuller statement of the facts, germane to the petition, upon which the statements in it were grounded.

In order to give jurisdiction to a circuit court of the United States of a cause by removal from a state court under the removal clauses of the Act of March 3, 1875, c. 137, it is necessary that the construction either of the Constitution of the United States or of some law or treaty of the United States should be directly involved in the suit; but the jurisdiction for review of the judgments of state courts given by § 709 of the Revised Statutes extends to adverse decisions upon rights and titles claimed under commissions held or authority exercised under the United States, as well as to rights claimed under the Constitution laws or treaties of the United States.

Provident Savings Society v. Ford, 114 U. S. 635; Dupasseur v. Rochereau, 21 Wall. 130, and Crescent City Livestock Co. v. Butchers' Union Co., 120 U. S. 141, distinguished.

A mortgage made in enemy's territory to a loyal citizen of the United States does not necessarily imply unlawful intercourse between the parties, contrary to the nonintercourse proclamation and act.

A petition for the removal of a cause from a state court should set out the facts on which the right is claimed, not the conclusions of law only.

This was an appeal from an order of a circuit court remanding a case to the state court from which it had been removed. The case is stated in the opinion of the Court.


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