Foulk v. Gray

Citations

• 120 F. 156
• 1902 U.S. App. LEXIS 5309

Syllabus

<p>1. Removal of Causes — Jurisdiction of Federal Court — Nonresidence of Parties.</p> <p>A suit brought in a court of a state of which neither party is a resident is not removable into a federal court on the ground of diversity of citizenship under the judiciary act of 1887-88 unless both plaintiff and defendant waive objection to the jurisdiction of such court. Such suit is one of which that court would not have had jurisdiction in the first instance except by consent of both parties, nor can it acquire jurisdiction by removal without such consent, and plaintiff cannot be held to have waived his right to object by bringing the suit in a state court.</p> <p>2. Same — Waiver- of Objection to Jurisdiction.</p> <p>The defendant in such ease, however, submits himself to the jurisdiction of the federal court by filing a petition for removal; and where, after the removal, the plaintiff invokes or consents to an order of the court relating to matters in controversy, he thereby waives the right to thereafter object to its jurisdiction.</p> <p>¶ 1. Diverse citizenship as ground of federal jurisdiction, see notes to Shipp v. Williams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. C. A. 298.</p>