La Confiance Compagnie Anonyme D'Assurance v. Hall

Supreme Court of the United States
La Confiance Compagnie Anonyme D'Assurance v. Hall, 137 U.S. 61 (1890)
11 S. Ct. 5; 34 L. Ed. 573; 1890 U.S. LEXIS 2065

La Confiance Compagnie Anonyme D'Assurance v. Hall

Opinion

Mr. Chief Justice Fuller

delivered the opinion of the court.

This action was commenced by plaintiff in error in a State court, and removed to the Circuit Court of the United States for the Eastern District of Missouri upon petition of the defendant, on the ground that the plaintiff was an alien and citizen of France and the defendant a citizen of Missouri. The existence of such diverse citizenship at the commencement of the suit, as well as when the removal was asked, did not appear affirmatively in the petition for removal or in the record when that was filed.

We are compelled to reverse the judgment, with costs, and .remit the cause to the Circuit Court, with a direction to remand to the State Court. Stevens v. Nichols, 130 U. S. 230; Crehore v. Ohio and Mississippi Railway Co., 181 U. S. 240; Jackson v. Allen, 132 U. S. 27.

Reversed and ordered accordingly.

Reference

Full Case Name
La Confiance Compagnie Anonyme D’assurance v. Hall
Cited By
5 cases
Status
Published
Syllabus
In a petition for the removal of a cause from a State court on the ground of diverse citizenship, the failure to state the existence of such citizenship at the commencement of the suit as well as when the removal was asked is a fatal defect.