Thompson v. Stalmann

Citations

• 131 F. 809
• 1904 U.S. App. LEXIS 4953

Syllabus

<p>1. Federal Courts — Removal oe Causes — Petition — Citizenship — Averments.</p> <p>A petition for tlie removal of a cause from a state to a federal court on tlie ground of diverse citizenship should not only allege that the citizenship of the parties is diverse, but should also disclose the states of which the parties, respectively, are citizens.</p> <p>2. Same — Amendment.</p> <p>Where a removal petition averred that the controversy was between citizens of different states, and that the amount in controversy, exclusive of interest and costs, exceeded the sum of $2,000, the federal Circuit Court to which the cause was removed had jurisdiction to permit the petitioner to amend the petition so as to disclose the citizenship of the parties.</p> <p>¶ 1. Averments of citizenship to show federal jurisdiction, see note to Shipp v. Williams, 10 C. C. A. 261.</p>