Huntington v. Pinney

Citations

• 126 F. 237
• 1903 U.S. App. LEXIS 5162

Syllabus

<p>1. Federad Courts — Jurisdiction.</p> <p>A federal court bas no jurisdiction of a suit removed from the state court unless the jurisdictional facts appear on the face of the pleadings to have existed at the time the suit was commenced as well as at the time of the filing of the petition for removal.</p> <p>2. Same — Joinder of Defendants.</p> <p>Where an action against several defendants is sought to be removed to the federal court, all the defendants should join in the petition.</p> <p>3. Same — Rearrangement of Parties.</p> <p>Where a suit to quiet title to a mine was brought against several defendants^ and only two of them joined in a petition to remove the cause to the federal court for diversity of citizenship, and the failure of the other defendants to join was sought to be obviated by a rearrangement of parties according to their alleged adverse interests, but such rearrangement did not extend to all of the defendants, .the citizenship of one not being stated, and the want of interest and the citizenship of the heirs of certain deceased defendants were not disclosed, the defect of misjoinder of the defendants was fatal.</p> <p>H 2. See Removal of Causes, vol. 42, Cent. Dig. § 90.</p>