U.S. Circuit Court for the Southern District of Iowa, 1890

Hirschl v. J. I. Case Threshing Mach. Co.

Hirschl v. J. I. Case Threshing Mach. Co.
U.S. Circuit Court for the Southern District of Iowa · Decided June 26, 1890 · Miller
42 F. 803; 1890 U.S. App. LEXIS 2242
Hirschl v. J. I. Case Threshing Mach. Co.

Opinion of the Court

MilleR, Justice.

A corporation is a citizen of the state under whose laws it is organized. For the purpose of suing and being sued, it may become a resident of each state in which it does business under state law. The rule, under the removal act of August 13, 1888, as to natural persons, is applicable to corporations. Wrhen a corporation of one state is sued in the courts of another state, a petition for removal by it is not sufficient unless it alleges, in addition to the usual averments as to citizenship, that it is a non-resident of the state in which it is sued. The motion to remand is sustained.

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