74 F. 578 | 5th Cir. | 1896
This was a suit instituted by the state of Florida on the chancery side of the circuit court in and for the county of De Soto, state of Florida, on the 18tR day of December,
The first assigned error is chat the circuit court did not have jurisdiction to try and determine said cause. According to the decisions of the supreme court in Tennessee v. Union & Planters’ Bank, 152 U. S. 454, 14 Sup. Ct. 654; Chappell v. Waterworth, 155 U. S. 102, 15 Sup. Ct. 34; Land Co. v. Brown, 155 U. S. 488, 15 Sup. Ct. 357; and Railway Co. v. Skottowe (recently decided, but not yet officially reported) 16 Sup. Ct. 869, — a case cannot be removed from a state court to the circuit court of the United Btates as one arising under the constitution, laws, or treaties of the United Btates, unless that fact appears by the plaintiff’s statement of his own claim; and, if it does not so appear, the want canuoi be supplied by any statement in the petition for removal, or in the subsequent pleadings. Under these repealed decisions, we are constrained to hold that this instant case was improperly removed to the circuit court. A critical examination of the complainant's bill fails to show ns any case necessarily arising under the constitution or laws of the United States. The decree of the circuit court is reversed, and the cause is remanded to the circuit court with instructions to that court to remand the same to the state court from which it was originally removed.