Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-06
SUPREME COURT OPINION.
Knoxville, TENNESSEE, SEPTEMBER TERN, 1857.


y. coLDwELL, ATTORNEY GENERAL AND REroRTEE.
WIN. Il. sNEED, in error, WM. G. BRoWNLOW; and
wM. II. SNEED, in error, vs.. WIN. G. BROWELOW and
WIN. H. sNEED in error, VS.. J. A PICKENs and ROB
ERT PICKENs, Administrators OF Samuel Pickens, de-
ceased and WIN. II. sNEED, in errer, J. A. PICK
EMS ald ROBERT PIoKENS, Administrators of Samuel
Pckens deceased.
The plaintiff has hlsd affidavit this Court
each Of these which he states that he has
believe and does bel that from prejudice and local nu
enoe he viii not be able 70 obtain justice IN TINS Court and
petition asking that said causes may be removed form this
Eastern District of Tennessee.
This application made under the provisions Of the act Of
Congress- March 3D. 1867 entitled IAN :Act to amend
Act entitled Act for the removal Of in certain
,e from state Courts approved July twenty seven eighteen
suit s pending hereafter may be brought in any
of the State in which the suit is brought and citizen o
other State and the matter in dispute exceeds She Of
State whether he is plaintiff defendant If he will
le in such State Courts affidavit stating that he
he will not be able TO obtain justice in such state Court
may at any time before the hna hearing or trial OF the
the Circuit Court Of the United States be held
in bs district where the suit is pending and offer good
sufficient surety for his entering in such Court tho
day its session copies of all process plcadngs, dposon
testimony and other proceedings in said suit and doing such
other appropriate acts by the which this
amendstOy required 20 be done upon The removal Of
into the Uued States Court, and It shall be thereupon
the duty of the State Court to accept the sury and proceed
Z
aforesaid in such Court Of the United States the suit shall
proceed in the lift had been brought
there by original process See Pamphlet Acts I'd Session
The petitioner b. bis petition each su offers give
GOOD aud sufficient surety for his entering IN said Circuit
Court United States the FIRST day Of its session,
pies Of all process, peadng dispositions testimony and
comply with the law for the removal Of causes and all orders
which may be made in the premises, ethehy this or sad
Circuit Court Of the United States.
These are all aor pending and have not b9sn ay
heard tried in this Court, each Of which there Is oentro
versy between
instituted and citizen of another State it is alleged in
the petitions and ahday that the Petitioner is citizen Of
the state Georgia And the matter in dispute in each suit
the Of 7e hundred dollars exclusive Of costs
The language OF the act Is 90 opTehensi'e that u STa
all s Psdag shh mag hereafter e brought "a any
in which the suit instituted and citizen Of
State and in which the matter in dispute exceeds the
sum of hve hundred dollars exclusive Of costs
In determining these applications the motives Of the petit
TONER whether bis statements be true false his fears real
real have origin in real imaginary
lions with which have notho to DO and % which answers
understand imparally 70 all We have neither
the Tighl q 70 :, ~ H. H. ~ 49, %
formy the statute and the suits sought TO be removed
are embraced within its provisions.
We are not aware that the under which these a
piatons are yet been before any OF the United
10 nauir whether the Circuit the United
now take Jurisdiction Of thsse particular under
proper 10 refer this custom to that tribunal.
This Court has original and can exercise an appellate
risdcton oay 1t is revising Court and sits only 70
revise Judgment and DEGREES Sfnfsor State Courts Nov
what will effect Of removal OF these causes IRON TINS
Court into the Circuit Court Of the United States Was
the intention Congress confer upon that Conrt The pow
81 10 reyeo the judgments and DEGREES OF inferior state
Courts or the intention BY providing fer the removal
Of causes this Court to the Circuit Court OF the United
States 10 original jurisdiction the cause
nS thus the parties the right to trial de nose ~
that urt ar has been finally heard or tried IN an ine
80 Stas Court What tile meaning Of that portion Ct the
fstnt v which Il Is provided he suit sa there proceed
in the II u mas eeen btons1t tnIe y os
ink Il nav well be doubted whether the Circuit Court OF
but tber fhan this We express opinen upon this sub
The statute in its imperative and leaves ne
no discretion We are thereoFeo opinion that u u onr dy
in the absence OF au horAve construction Of the statute
70 he contrary BY United States Courts which alene eau
eonstr1e the acts Of Congress- and detsrlne
owe Jurisdiction, and practice the petitioner Civ
n surrey required by the statute, 20 ozder that these
SUITS ls removed hto the Circuit Court Of the United States
according 10 tbs prayer Of the petitions
true copy HAWKINS,
Test: Jndger
NJ. L. PATTERSON, Clerk