Sneed v. Brownlow
Sneed v. Brownlow
Opinion of the Court
delivered the opinion of the Court.
The plaintiff in error has filed an affidavit in this Court, in each of these cases, in which ho states that he has reason to believe, and does believe, that from prejudice and local influence, he will not be able to obtain justice in this Court; and has also presented to this Court, in each of said cases, a petition asking that said causes may be removed from this Court, to the next Circuit Court of the United States for the Eastern District of Tennessee.
The application is made under the provisions of the Act of Congress, of March 2d, 1867, entitled: “An Act to amend An Act, entitled ‘An Act for the removal of causes in certain cases, from State Courts, approved July twenty-seven, eighteen hundred and sixty-six,’ ” by which it is provided: “ That where a suit is now pending, or hereafter may be brought, in any State Court, in which there is controversy between a citizen of the State in which the suit is brought and a citizen of another State, and the matter in dispute exceeds the sum of five hundred dollars, exclusive of costs, such citizen of another State, whether he is plaintiff or defendant, if he will make and file in such State Courts an affidavit, stating that he has reason to and does believe, that, from prejudice or local influence, he will not be able to obtain justice in such State Court, may, at any time before the final hearing or trial of the suit, file a petition in such State Court for the removal of the suit into the next Circuit Court of the United States to be held in the District where the suit is pending
The petitioner, by his petition in each suit, offers to give good and sufficient surety for his entering in said Circuit Court of the United States, on the first day of its session, copies of all process, pleadings, depositions, testimony, and other proceedings in each of said causes, and in all respects to comply with the law for the removal of causes, and all orders which may be made in the premises, either by this Court or said Circuit Court of the United States.
These causes are all now pending, and have not been -finally heard or tried in this Court, in each of which there is controversy between a citizen of the State in which the suit was instituted and a citizen of another State, as it is alleged in the petitions and affidavits that the petitioner is a citizen of the State of Georgia. And the matter in dispute, in each suit, exceeds the sum of five hundred dollars, exclusive of costs.
In determining these applications, the motives of the petitioner, whether his statements be true or false, his fears real or pretended only, and wholly without foundation; or, being real, have their origin in causes real or imaginary, are questions with - which we have nothing to do, and to which answers could have no weight. Our simple duty is to administer the law, as we understand it, impartially to all. We have neither the right or inclination to criticise these applications, otherwise than dispassionately. to see that they are made in conformity to the Statute, and that the suits sought to be removed are embraced within its provisions.
We are not aware that the Statute under which these applications are made, has yet been before any of the United States Courts, for judicial construction. We have not stopped to inquire whether the Circuit Court of the United States can now take jurisdiction of these particular cases, even under the comprehensive provisions of this Statute, but think it proper to refer this question to that tribunal.
This Court has no original, and can exercise an ap-pelate jurisdiction only. It is a revising Court, and sits only to revise the judgment and decrees of inferior State Courts. Now, what will be the effect of a re
Reference
- Full Case Name
- Wm. H. Sneed v. Wm. G. Brownlow, and Wm. H. Sneed v. J. A. & Robert Pickens, Adm'rs
- Status
- Published