De La Montanya v. De La Montanya

VAN FLEET, District Judge.

Motion is made by the plaintiff to remand this cause to the state court on the ground that the petition for removal does not show that the defendant was, at the commencement of the action, a nonresident of the state, and hence that it does *118not show jurisdiction of the case in this court. The allegation of the petition in that respect is that the petitioner “was at the time said action was commenced, and is now, a resident of the state of New York”; and the objection is that this allegation is not the equivalent of an allegation that petitioner was a “nonresident” of…