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NEEL v. PENNSYLVANIA CO , 157 U.S. 153 (1895)

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United States Supreme Court


No. 188

Argued: Decided: March 11, 1895

This action was brought in the court of common pleas of Richland county, Ohio, and removed into the circuit court by the defendant. The petition for removal stated: 'First. The plaintiff was at the time of the commencement of this action, and still is, a resident of the state of Ohio, in the county of Richland. Second. The Pennsylvania Company, the defendant herein, is a corporation duly incorporated under and by virtue of the laws of the state of Pennsylvania, and was at the commencement of this action, and still is, a citizen of that state, and was not then, nor has it ever been, a citizen of the state of Ohio. Third. The matters in controversy in this suit are wholly between citizens of different states, and the amount in dispute, exclusive of costs, exceeds the sum of two thousand dollars, and is to recover the sum of ten thousand ($10,000) dollars.'

The record failed to show of what state plaintiff was a citizen. [157 U.S. 153, 154]   D. Dirlm, for plaintiff in error.

Mr. Chief Justice FULLER.

On the authority of Grace v. Insurance Co., 109 U.S. 278, 283 , 284 S., 3 Sup. Ct. 207, Insurance Co. v. Rhoads, 119 U.S. 237 , 7 Sup. Ct. 193, and Railway Co. v. Swan, 111 U.S. 379, 388 , 4 S. Sup. Ct. 510, the judgment of the circuit court will be reversed, with instructions to remand the case to the state court, with costs against defendant in error, which must also pay the costs in this court. Hanrick v. Hanrick, 153 U.S. 192, 198 , 14 S. Sup. Ct. 835. Judgment reversed accordingly.

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