Neel v. Pennsylvania Co.

Supreme Court of the United States March 11, 1895

Neel v. Pennsylvania Co., 157 U.S. 153 (1895)

15 S. Ct. 589; 39 L. Ed. 654; 1895 U.S. LEXIS 2185

The Chief Justice Stated the Case

Opinion

The Chief Justice

stated the case, and said: On the authority of Grace v. American Central Insurance Co., 109 U. S. 278, 288, 284; Continental Insuramce Co. v. Rhoads, 119 U. S. 237; and Mansfield, Coldwater & Lake Michigan Railway v. Swan, 111 U. S. 379, 388, the. judgment of the Circuit Court will be reversed, with instructions to remand the case to the state court with costó against defendant in error, which must also pay the costs in this court. Hamrick v. Hamrick, 153 U. S. 192, 198.

Judgment reversed accordingly.

Reference

Full Case Name: Neel v. Pennsylvania Company
Cited By: 19 cases
Status: Published
Syllabus: When a defendant in a state court removes the cause to a Circuit Court of the United States on the ground of diverse citizenship, and the Circuit Court gives judgment for the defendant, and the plaintiff below brings the case here, and it appears, on examining the record, that the pleadings do not disclose, of what State the plaintiff was a citizen, this court will of its own motion reverse the judgment, remand the cause to the Circuit Court with costs against the defendant in error, and further adjudge that defendant must also pay costs in this court.