Stevens v. Nichols
Citations
- 130 U.S. 230
- 9 S. Ct. 518
- 32 L. Ed. 914
- 1889 U.S. LEXIS 1742
Syllabus
<p>A petition for removal which alleges the diverse citizenship of the parties in the present tense is defective, and if it does not appear in the record that such diversity also existed at the commencement of the action, the cause will be remanded to the Circuit Court with directions to send it back to the state court, with costs against the party at whose instance the removal was made.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[D]iversity of citizenship must exist both at the time of filing in state court and at the time of removal to federal court.”
- “The case was not removable from the state court, unless it appeared ... that at the commencement of the action, as well as when the removal was asked, [defendants] were ... [diverse].”
- “It is well established that when diversity of citizenship is the basis for removal jurisdiction, it must exist both at the time the original action is filed in state court and at the time removal is sought.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Harlan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.