111 US 788 St Paul Ry Co v. Burton
111 U.S. 788
4 S.Ct. 699
28 L.Ed. 604
ST. PAUL, M. & M. RY. CO.
May 5, 1884.
No brief filed for plaintiff in error.
Enoch Totten, for defendant in error.
WAITE, C. J.
The order remanding this case is affirmed. The act of March 3, 1875, c. 137, § 5, (18 St. 470,) makes it the duty of the circuit court to remand a suit which has been removed from a state court when it satisfactorily APPEARS THAT THE 'SUIT DOES NOT REALLY and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court.' The exemplification of the record of the naturalization of Moses Burton, which was offered in evidence, did not require, to complete its authentication, the certificate of the clerk under he seal of his office that the judge of the court was duly commissioned and qualified. The certificates may be to some extent defective in form, but we think the record as a whole could properly be considered by the judge on the question of remanding the cause. Affirmed.