U.S. Circuit Court for the District of Southern New York, 1899

Henuy v. La Compagnie Generale Transatlantique

Henuy v. La Compagnie Generale Transatlantique
U.S. Circuit Court for the District of Southern New York · Decided April 15, 1899 · Lacombf
96 F. 497; 1899 U.S. App. LEXIS 3260

Counsel

Edwn-! : 1 Jones, for ⅞<⅜ motion., M. U. Fleming, opposed.

Henuy v. La Compagnie Generale Transatlantique

Opinion of the Court

LACOMBF Circuit Judge.

“It is thoroughly seífíei that under the act of Augur*. At 1888, the circuit court of the United States has no jurisdiction, >!' c original or by removal from a state court, of a suit as one arising under the constitution, laws, or treaties of the United States, unless that appears by the plaintiff’s statement to he a necessary part of his claim.” Railway Co. v. Lewis (March 20, 1899) 19 Sup. Ct. 451. A careful re-examination of the conc’Jaint wholly fails to disclose any provision of constitution, stature, or trea ty which is made by such complaint a necessary part of plaintiff’s claim. The former decision, remanding the cause, will not be disturbed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.