¶1Removal of Causes — Citizenship.
¶2Under removal act Cong. 1888, S 8, cl. 8, providing for the removal of causes where the controversy is between citizens of different states, a defendant sued in a court of his own state cannot remove the cause to a federal court.
¶3At Law. Application to remand cause.
¶4This cause was removed from the state court under the third clause of section 2 of the removal act of 1888, which provides as follows:
¶5“When in any suit mentioned in this section there shall be a controversy between citizens of different states which can be fully determined as between them, either one or more of the defendants actually interested in such controversy mar remove said suit into the circuit court of the United Blates for the proper district.”
¶6The plaintiff' is a citizen of Connecticut; the defendant a citizen of New York. The plaintiff moves to remand.
¶7Rube & Keller, for plaintiff.
¶8Carlisle Norwood, Jr., for defendant.
¶10If anything seems plain in the removal act of 1887 it is that a defendant sued in a court of his own state cannot remove the cause into tho federal courts, and to that effect are the cases cited on the argument. The motion to remand is granted.