Gibbs v. Crandall

delivered the opinion of the court.

This is an appeal under § 5 of the act of March 3, 1875, c. 137, 18 Stat. 470 , from an order of the Circuit Court remanding a case which had be§n removed from a state court, on the ground that the suit was one “ arising under the Constitution and laws of the United States.” All the parties, both plaintiffs and defendants, are citizens of Louisiana, and the right of removal depends entirely on the question whether it appears on the face of the record that there is in the case a real and substantial dispute or controversy arising under the Constitution or laws of the United States; that is to say, whether “some title, light, privilege, or immunity, on which the recovery depends, will be defeated by one construction of the Constitution, or a law of the United States, or sustained by the opposite construction.” Starin v. New York, 115 U. S. 248 , 257; Southern Pacific Railroad v. California, 118 U. S. 109 .

The facts are these: At some time prior to September, 1878, Thomas J. Martin brought suit in the Eighth District Court of the parish of Madison, Louisiana, against Thomas W. Watts, as principal, and Phillip Hoggatt, then in. life, as surety, “ on a contract of rent.” Pending this suit Hoggatt died, and Mrs. Martha A. Gibbs was appointed and qualified as administratrix of his succession. The suit was then revived and after-wards conducted contradictorily with the administratrix. At November term, 1880, a judgment-was rendered in favor ,of the administratrix, rejecting the demand against the succes

In this condition of things the.heirs of Hoggatt, on the 1st of August, 1885, filed their petition in the District Court against the administrator of the estate of Martin, who had died pending the original proceedings, and the administratrix of Hoggatt, to restrain the sale which had been ordered and to annul the judgment of the Supreme Court against the estate, on the •ground that after the original judgment in her favor the administratrix was no longer a party to the suit, and that the estate was not bound by the subsequent proceedings therein. In the petition it is averred, in various forms, that the judgment against the administratrix, when she was not a party to the suit, was “ absolutely null and void, as being repugnant to and in conflict with the provisions of the Fourteenth Amendment to the Constitution of the United States, and an attempt to deprive these petitioners of their property without due process of law.” On the 3d of August a writ of injunction, as prayed for, was issued on the allowance of the judge of the District Court, and the next day this writ and a citation in the suit

This order was clearly right. The case as made by the plaintiffs presents no disputed question of Federal law. If the administratrix of the estate of Hoggatt was not a party to the proceedings after the first judgment in her favor, no one can claim that the succession she represented was bound by what was afterwards done in the suit. All depends on whether she continued to be in law and in fact a party; and this is to be determined by the effect of the original judgment in her favor, and the form of the proceedings thereafter. This may involve a consideration'of the law and practice in, Louisiana; but it is not, so far as anything now appears on the record, at all dependent for its solution on any construction of the Constitution or laws of the United States. As was said in Gold-Washing & Water Co. v. Keyes, 96 U. S. 199 , 203: “ Before [therefore] a Circuit Court can be required to retain a cause under this jurisdiction it must in some form appear upon the record, by a statement of facts ‘ in legal and logical form,’ such as is required in good pleading, (1 Chit. PI. 213,) that the suit is one which ‘ really and substantially involves a dispute or controversy ’ as to a right which depends upon the construction or effect of the Constitution or some laAV or treaty of the United States.” It is not enough for the party Avho seeks a removal of his cause to say that the suit is one arising under the Constitution,

ÁffirméU.