119 U.S. 586 - Hancock v. Holbrook — 119 U.S. 586

How this case has been cited

Cited by 25 later decisions (8 by the Supreme Court) — most recently November 1905 · most notably Des Moines Navigation Co v. Iowa Homestead Co (1887), Fisk v. Henarie (1892)

2 federal appellate ·

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.

¶1APPEAL FROM THE OIROUIT COURT OF THE UNITED STATES. FOR TIIE EASTERN DISTRICT OF LOUISIANA.

¶2.A suit cannot be removed from a State Court to a Circuit Court of the United States on the ground of prejudice or local influence, under sub-seetion'3 of § 639 Rev. Stat., unless all the plaintiffs or all the defendants .are citizens of the state in which the -suit was brought, and of a state other than that of which those petitioning for the removal are citizens.

¶3 *587This was an appeal from an order- of the Circuit Court' remanding to a State Court a cahse removed thence, to the' Circuit Court. The case is stated in the opinion of the court.'

¶4Mr. J. D. Bouse and Mr. William Grcmt for appellant:

¶5Mr. Thomas J-. Semmes and Mr. Robert Mott for appellees.'

¶6. Me. Chief Justice Waite

¶7delivered the opinion of the court.

¶8The order remanding this ease is affirmed. A suit cannot ■ be removed from a State Court to a Circuit Court of the United States under subsection 3 of .§ 639 of the Kevised Stat-' utes on the ground, pf “ prejudice or local influence,” unless ¿11 the plaintiffs or all the defendants are citizens of the state in which the suit was brought, and of a state other than thát of which those petitioning for the removal are citizens. Here -it appears that Hancock, the'plaintiff, oh whose petition the removal was had, is a citizen of New York,- and Eliza Jane' Holbrook and G-eorge' Nicholson,.two ,of the defendants, and those principally.interested.in-the.litigation, citizens of'Missis,-sippi, while R1W. Holbrook and Richard Fitzgerald, the other defendants, are alone citizens of Louisiana, where the suit y/as brought. These Louisiana defendants are necessary partiés to' the.suit, but, according to-the record, those who are citizens of Mississippi are- the real parties in interest. Affirmed.