Melville Fuller

“ The question whether the state of Nebraska is the real party plaintiff must be determined from the consideration of the nature of the case as disclosed by the record. If the nature of the case is such that the state of Nebraska is the real party plaintiff, the Federal court will so decide for all purposes of jurisdiction, even though the state were not named as a party plaintiff. If the nature of the case is such that the state is not a real party plaintiff, the Federal court will so decide for the purposes of jurisdiction, even though the state is named nominally as a party plaintiff. ”

“ Without expressing any opinion as to whether the state was a necessary party to the relief asked, which involved the removability of the case, this court bases its judgment on the mandamus entirely upon the ground that, as the circuit court had jurisdiction to pass upon the question of the removability of the case, and as its order overruling the motion to remand was subject to be reviewed by a higher coururt after the case had been disposed of by final judgment, the remedy was by appeal, and not by mandamus. ”

“ Ex parte Bradley, 7 Wall. 364, 19 L. ed. 214; Ex parte Loring, 94 U.S. 418, 24 L. ed. 165; Re Rice, 155 U.S. 396, 39 L. ed. 198, 15 Sup. Ct. Rep. 149; Re Atlantic City R. Co. 164 U.S. 633, 41 L. ed. 579, 17 Sup. Ct. Rep. ”