Title Guaranty & Surety Co. v. Allen, 240 U.S. 136 (1916)

ERROR TO THE SUPREME COURT

OF THE STATE OF IDAHO

Syllabus

Where the state, suing on behalf of depositors of a bank, is an actual party plaintiff, the case cannot be removed to the federal court. Missouri &c. Ry. v. Commissioners, 183 U.S. 53.

Where a state, suing on behalf of depositors of a bank, is merely a nominal party, the case cannot be removed if none of the distinct judgments to be rendered in favor of any individual is large enough to confer jurisdiction; the amounts cannot be aggregated for that purpose. Rogers v. Hennepin County, 239 U.S. 621.

The due process provision of the Fourteenth Amendment does not prevent a state from placing upon a bank commissioner the duty of closing a bank found upon examination to be insolvent without first instituting proceedings and obtaining an award.

The facts, which involve the right of removal of a cause from the state court to the federal court on grounds of diversity of citizenship and of amount in controversy and the constitutionality under the due process provision of the Fourteenth Amendment of certain provisions of the Idaho Banking Law, are stated in the opinion.