United States Supreme Court Cases & Opinions

U.S. Supreme Court

In re Pennsylvania Company, 137 U.S. 451 (1890)

In re Pennsylvania Company

No. 7, Original

Argued December 8, 1890

Decided December 22, 1890

137 U.S. 451

ORIGINAL

Syllabus

The power which this Court had before the passage of the Act of March 3, 1887, 24 Stat. 552, c. 373 (reenacted August 13, 1888, 25 Stat. 433, c. 866), to afford a remedy by mandamus when a cause, removed from a state court is improperly remanded to the state court, was taken away by those acts.

Under the Act of March 3, 1887, 24 Stat. 552, c. 373, and the Act of August 13, 1888, 25 Stat. 433, c. 866, the matter in dispute in a case removed from a state court on the ground of prejudice or local influence must exceed the sum of two thousand dollars in order that the circuit court may take jurisdiction.

Since the passage of those statutes, when a cause is removed from a state court on the ground of prejudice or local influence, the circuit court must be legally satisfied, by proof suitable to the nature of the case, of the truth of the allegation that by reason of those causes the defendant will not be able to obtain justice in the state court, the amount and manner of such proof being left in each case to the discretion of the court.