Laden v. Meck

Citations

• 130 F. 877
• 15 Ohio F. Dec. 30
• 1904 U.S. App. LEXIS 4240

Syllabus

<p>1. Removal of Causes — Petition—Allegation of Citizenship.</p> <p>An allegation in a petition for removal, merely, that certain of the petitioners are “residents” of a state other than that of which plaintiff is a citizen, and that none of the petitioners are “residents and citizens” of the state whereof the plaintiff is a citizen, is insufficient to give the federal court jurisdiction.</p> <p>2. Same — Separable Controversy.</p> <p>To authorize a removal by one or more of the defendants on the ground that there is a separable controversy which is “wholly between citizens of different states,” it must appear from the petition that each party to the controversy is a citizen of some state.</p> <p>3. Same.</p> <p>The question whether there is a separable controversy in a suit, which will authorize its removal, must be determined by the state of the pleadings and the record at the time of filing the petition for removal.</p> <p>1[ 1. Averments of citizenship to show jurisdiction of federal courts, see note to Shipp v. Williams, 10 C. C. A. 261.</p> <p>See Removal of Causes, vol. 42, Cent. Dig. §§ 170, 173.</p> <p>IF 2. Separable controversy as ground for removal of cause to federal courts, see notes to Robbins v. Ellenbogen, 18 C. C. A. 86; Mecke v. Yalleytown Mineral Co., 35 C. C. A. 155!</p>