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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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Citation: 157 U.S. 153
Docket No: No. 188
Decided: March 11, 1895
Court: United States Supreme Court
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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