96 F. 927 | U.S. Circuit Court for the District of Kentucky | 1899
The plaintiff, Samuel Tompkins, brought this action in the state court against John MacLeod, F. W. Tracy, and S. M. Felton, the receivers appointed by this court for the Kentucky & Indiana Bridge Company. He alleged In his petition that he was damaged and injured to the extent of $25,000 by the negligence of the said receivers and their employes in the conduct of
The plaintiff relies with much apparent confidence upon the opinion of the supreme court in Bausman v. Dixon, 173 U. S. 113, 19 Sup. Ct. 316, especially as it is supposed to be supplemented by Pope v. Railroad Co., 173 U. S. 573, 19 Sup. Ct. 500; but a careful examination of those opinions will show them to have no real application to this case, particularly as in neither of them was the question of removal raised or decided. A removal had not in either case been attempted, and no right under the removal act had been denied. Difficulties may arise by overlooking the different meaning or application of the phrase “federal question” as used by the courts. It has never been used in congressional enactments. Section 709 of the Revised Statutes provides that appeals and writs of error may be taken from judgments of certain state courts to the supreme, court of the United States, where there is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against the validity. -Hot
As already indicated, many authorities establish the proposition that actions against receivers appointed by the federal courts are actions which, per so, arise under the laws of the United States, hv virtue of which laws the receivers had been appointed by her courts, and under which they exercise their authority. And it may be added that it appears to the court that that section of the act which permits suits to he brought in the state courts against receivers without first obtaining the leave of the federal court which appointed them only so far changes the law upon that subject as to relieve the plaintiffs in such suits from the penalties of contempt. Otherwise. the law remains the same as it would be without that section. It results from these view’s that the motion to remand must be overruled.