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132 U.S. 27

10 S. Ct. 9

Docket Nos. 44, 45

Jackson v. Allen

Full caption · 2 consolidated cases

  • JACKSONv.ALLEN et al
  • BROWN et alv.ALLEN et al

Supreme Court of the United States

October 28, 1889.

Supreme Court of the United States · decided 1889-10-28

This action was commenced June 7, 1884, in the Civil District Court, parish of Orleans, Louisiana, by petition as follows: “ The petition of Allen, West and Bush, a commercial firm doing business in the city of New Orleans and - composed of James H. Allen, Thomas H. West, and John C. Bush, respectfully shows — “ That your petitioners sold to Alfred F. Jones, to be paid for cash on delivery, and delivered to him on the 4th day of June, 1884, certain two hundred and…

3 counsel of record

Key passage — most relied on by later courts

““It appears from the record that the citizenship of the parties at the commencement of the actions as well as at the time the petitions for removal were filed was not sufficiently shown, and that, therefore, the jurisdiction of the state court was never divested. This being so, the defect cannot be cured by amendment.””

quoted by 5 later decisions, including Dalton v. Milwaukee Mechanics' Ins., Washington-East Washington Joint Authority v. Roberts & Schaefer Co.

““That where a suit is entered upon the docket of a circuit court as removed on the ground of the diverse citizenship of the parties, and was never in law removed, no amendment of the record made in the circuit court can affect the jurisdiction of the state court, or put the case rightfully on the docket of the circuit court as of the date when it was so docketed.””

quoted by 1 later decision, including Murphy v. Payette Alluvial Gold Co.

Relies on Crehore v. Ohio & Mississippi Railway Co. · Stevens v. Nichols · Knox County v. Harshman

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · 8–0 · Decided 1889-10-28

How this case has been cited

Cited by 102 later decisions (15 by the Supreme Court) — most recently February 2000 · most notably Powers v. Chesapeake O Ry Co (1898), Gerling v. Baltimore Ohio R Co (1894)

17 federal appellate · 2 district · 8 state decisions

3801889189019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

[Statement of Case from pages 27-33 intentionally omitted]

E. H. Farrar and E. B. Kruttschnitt, for Jackson.

T. L. Bayne and Geo. Denegre, for Brown Bros. & Co.

A. Goldth waite and John M. Allen, for Allen and others.

FULLER, C. J.

¶1

The original action and that of intervention and third opposition therein were brought in the civil district court for the parish of Orleans, La., and petitions filed for their removal into the circuit court of the United States for the eastern district of Louisiana upon the ground of the diverse citizenship of the parties. The cause was thereupon docketed and tried in the circuit court, by the judge thereof, on stipulation according to the statute, and, upon his findings, judgment was rendered, and writs of error were prosecuted to this court. It appears from the record that the citizenship of the parties at the commencement of the actions, as well as at the time the petitions for removal were filed, was not sufficiently shown, and that therefore the jurisdiction of the state court was never divested. Stevens v. Nichols, 130 U. S. 230, 9 Sup. Ct. Rep. 518. This being so, the defect cannot be cured by amendment. Crehore v. Railroad Co., 131 U. S. 240, 9 Sup. Ct. Rep. 692. We are compelled to reverse the judgment, at the costs, however, of the respective plaintiffs in error, and remit the cause to the circuit court, with directions to remand to the state court.

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