Gibson v. Bruce
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. Motion to dismiss or affirm. The only point at issue was whether the case was. one which could be removed from the State court. When the suit was brought in the State court the appellant and the appellee were citizens of different States.
Read the full summary
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. Motion to dismiss or affirm. The only point at issue was whether the case was. one which could be removed from the State court. When the suit was brought in the State court the appellant and the appellee were citizens of different States. The defendant at the term of the court at which the canse could be first tried, and before the trial thereof, moved for its removal to the federal court, and after hearing an order of removal was made in the State court. The plaintiff then in the federal court moved to…
1Opinion of the CourtChief Justice Waite
In this case the court below decided that under the act of March 3d, 1875, c. 137, there could not be a. .removal to the Circuit Court of the United States of a suit in a State court between parties who were citizens of different States when the suit was begun, if when the petition for removal was filed the parties were all citizens of the same State. To reverse an order remanding a suit on that ground, this appeal was taken.
Under the judiciary act of 1789 (sec. 12), it was held, in Insurance Company v. Pechner, 95 U. S. 183, that there could not be a removal unless the necessary citizenship…
2Cases cited1 opinion
- Insurance Company v. PechnerSupreme Court of the United States · 1877
3Cited by50 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Knudson v. Systems Painters, Inc.Court of Appeals for the Eighth Circuit · 2011
- Kinney v. Columbia Savings & Loan Ass'nSupreme Court of the United States · 1903
- Stevens v. NicholsSupreme Court of the United States · 1889
- Koenigsberger v. Richmond Silver Mining Co.Supreme Court of the United States · 1895
45 more not listed; retrieve them via the Exa API.