Walker v. Collins, 167 U.S. 57 (1897)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 167 U.S. 48, click here.

Walker v. Collins


No. 59


Argued and submitted March 3, 1897
Decided May 10, 1897
167 U.S. 57

ERROR TO THE COURT OF APPEALS
FOR THE EIGHTH CIRCUIT

Syllabus

Chappell v. Waterworth, 156 U.S. 102, affirmed to the point that a case not depending on the citizenship of the parties nor otherwise specially provided for cannot be removed from a state court into the circuit court of the United States, as one arising under the Constitution, laws or treaties of the United States unless that appears by the plaintiff’s own statement; and, if it does not so appear, the want cannot be supplied by any statement in the petition for removal or in the subsequent pleadings.

The case is stated in the opinion.