Morrison Waite

“ Keyes, 96 U.S. 203: 'Before 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, 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 law or treaty of the United States.' It is not enough for the party who seeks a removal of his cause to say that the suit is one arising under the constitution. ”

“ 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 ”