Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100 (1941)

Shamrock Oil & Gas Corp. v. Sheets

No. 727

Argued April 8, 1941
Decided April 2, 1941
313 U.S. 100

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. Removability of suit from state to federal courts is determined by the federal removal statute, unaffected by local law. P. 104.

2. The right of removal under the Act of 1887, Jud.Code § 28, is confined to the defendant or defendants. P. 104.

3. The interposition by the citizen defendant in a suit in a state court, of a counterclaim setting up an independent cause of action involving the requisite jurisdictional amount does not confer upon the noncitizen plaintiff the right of removal. P. 107.

The amount of the plaintiff’s demand in the state court is immaterial.

4. Not only does the language of the jurisdictional Act of 1887 evidence the Congressional purpose to restrict the jurisdiction of the federal courts on removal, but the policy of the successive Acts of Congress regulating the jurisdiction of federal courts is one calling for the strict construction of such jurisdiction. P. 108.

115 F.2d 880 affirmed.

Certiorari, 312 U.S. 675, to review the reversal of a judgment of the District Court in a suit removed from a state court. The judgment went in favor of the defendant, petitioner herein, both on the cause of action set up in the complaint and on a counterclaim.