John Marshall Harlan

“ When it appears that parties have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under the act of 1875, then the circuit court is, within the meaning of the act of 1891, without jurisdiction to proceed. ”

“ But the plea in this case raised no question as to the constitutionality of the act of 1875, and called for no order or judgment that would require a construction or application of the constitution, although an allowance of the plea may have involved the application of an act of congress. ”