State of Indiana v. Tolleston Club of Chicago

Decision Date22 November 1892
Docket Number8,717.
Citation53 F. 18
PartiesSTATE OF INDIANA v. TOLLESTON CLUB OF CHICAGO et al.
CourtUnited States Circuit Court, District of Indiana

A. G Smith, for plaintiff.

J. W Youche, for defendants.

BAKER District Judge.

This action was brought in the circuit court of Lake county, Ind by the state of Indiana against the Tolleston Club of Chicago, Ill., and 19 others, to quiet the title to, and recover the possession of, numerous parcels of land in said county of Lake, alleged to belong to the state, and which the defendants were alleged to claim as owners without right thereby casting a cloud on the title of plaintiff. At the proper time, at the September term of the court for the year 1891, the Tolleston Club of Chicago presented its verified petition and bond for the removal of the cause of action against it into the United States circuit court for the district of Indiana. The petition set forth as ground of removal the diverse citizenship of the plaintiff and said defendant, and alleged that the controversy between the state and itself was a separate and separable controversy, in which the plaintiff and the petitioner were alone interested.

No motion has been made to remand, and the question for decision is whether the court of its own motion ought to remand the cause to the state court. Wherever on the face of the record a clear want of jurisdiction, either of the parties or of the subject-matter, is affirmatively shown, it is the duty of the court to remand of its own motion. Consent of the parties cannot confer jurisdiction, except in cases where the law has authorized the court to exercise jurisdiction. In the case at bar this court has no jurisdiction, except upon the ground of diverse citizenship. Whether such diverse citizenship exists hinges on the question, is the state of Indiana a citizen of the state of Indiana, within the meaning of the removal act, for the purpose of giving this court jurisdiction? This question must be answered in the negative. A suit instituted by a state in one of its own courts against a citizen of another state is not removable into a circuit court of the United States on the ground of a diversity of the citizenship of the parties. Stone v. South Carolina, 117 U.S. 430, 6 S.Ct. 799; Ferguson v. Ross, 38 F. 161; State of Alabama v. Wolffe, 18 F. 836. There is no federal question presented by the record in this case, and in that respect it differs from the case of ...

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6 cases
  • City of Greenwood v. Humphrey & Co., Inc
    • United States
    • Mississippi Supreme Court
    • 23 Mayo 1938
    ... ... order remanding cause from federal to state court was void, ... it was of no efficacy, the case was ... Indiana ... v. Tolleston Club of Chicago, 53 F. 18 ... ...
  • Darnell v. The State
    • United States
    • Indiana Supreme Court
    • 4 Febrero 1910
    ... 90 N.E. 769 174 Ind. 143 Darnell et al. v. The State of Indiana" No. 21,379 Supreme Court of Indiana February 4, 1910 ...        \xC2" ... 482, 15 S.Ct ... 192, 39 L.Ed. 231; Indiana v. Tolleston ... Club (1892), 53 F. 18; Indiana, ex rel., v ... Alleghany Oil ... Stockman ... (1897), 146 Ind. 668, 46 N.E. 21; Chicago, etc., R ... Co. v. Kenney (1902), 159 Ind. 72, 62 N.E. 26; ... 2 ... ...
  • State of Indiana v. Alleghany Oil Co.
    • United States
    • United States Circuit Court, District of Indiana
    • 24 Marzo 1898
    ... ... 260; Postal Tel. Cable Co. v. Alabama, 155 ... U.S. 482, 15 Sup.Ct. 192; State v. Tolleston Club of ... Chicago, 53 F. 18 ... This ... suit, if removable at all, is removable ... ...
  • Southern Railway Company v. State
    • United States
    • Indiana Supreme Court
    • 4 Octubre 1905
    ... ... A. Ely, Judge ...          Action ... by the State of Indiana against the Southern Railway Company ... From a judgment for plaintiff, ... 449, 4 S.Ct. 437, 28 L.Ed. 482; ... State of Indiana v. Tolleston Club (1892), ... 53 F. 18; 18 Ency. Pl. and Pr., 190, and authorities ... ...
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