LA CONFIANCE COMPAGNIE ANONYME D'ASSURANCE
v.
HALL

U.S. | 1890-11-03
No. 11
137 U.S. 61 Supreme Court of the United States (1890) Positive Treatment
Also reported at: 34 L. Ed. 573 · 11 S. Ct. 5 · SCDB 1890-010 · 1890 U.S. LEXIS 2065
Cited by 9 cases
Opinion of the Court
Mr. Chief Justice Fuller

Mr. Chief Justice Fuller delivered the opinion of the court.

This action was commenced by plaintiff in error in a State court, and removed to the Circuit Court of the United States for the Eastern District of Missouri upon petition of the defendant, on the ground that the plaintiff was an alien and citizen of France and the defendant a citizen of Missouri. The existence of such diverse citizenship at the commencement of the suit, as well as when the removal was asked, did not appear affirmatively in the petition for removal or in the record when that was filed.

We are compelled to reverse the judgment, with costs, and .remit the cause to the Circuit Court, with a direction to remand to the State Court. Stevens v. Nichols, 130 U. S. 230; Crehore v. Ohio and Mississippi Railway Co., 181 U. S. 240; Jackson v. Allen, 132 U. S. 27.

Reversed and ordered accordingly.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Matter of Albert N. Moore, 209 U.S. 490 (U.S. 1908)
  • Dowell v. Applegate, 152 U.S. 327 (U.S. 1894)
    …suit in the Federal court were all citizens of- Oregon at the time that suit was brought, or when it was removed from the state court. Stevens v. Nichols, 130 U. S. 230; Crehore v. Ohio & Miss. Railway, 131 U. S. 240; La Confiance Compagnie v. Hall, 137 U. S. 61. If it be assumed that all the parties to Dowell’s suit were ' [*337] citizens of Oregon when it was commenced, as well as when it was removed into the Federal court,— and such, probably, was the case, — it is yet quite apparent that jurisdiction w…
  • Kinney v. Columbia Sav. & Loan Ass'n, 191 U.S. 78 (U.S. 1903)
    …d and the case sent back to the Circuit Court with directions to remand to the state court. Stephens v. Nichols, supra; Crehore v. Ohio &c. Ry. Co., 131 U. S. 240 ; Jackson v. Allen, 132 U. S. 27; La Confiance Compagnie Anonyme d’ Assurance v. Hall, 137 U. S. 61; Kellam v. Keith, 144 U. S. 568; Mattingly v. N. W. Va. R. R. Co., 158 U. S. 53. In none of these cases does it.appear that the defect was noticed in the Circuit Court, and in some not noticed by the parties after the case had reached this court, bu…

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