Gibson v. Bruce - 108 U.S. 561 (1883)
U.S. Supreme Court
Gibson v. Bruce, 108 U.S. 561 (1883)
Gibson v. Bruce
Decided May 7, 1883
108 U.S. 561
A suit cannot be removed from a state court, under the act of 1875, unless the requisite citizenship of the parties exists both when the suit was begun and when the petition for removal was filed.
Motion to dismiss or affirm. The only point at issue was whether the case was one which could be removed from the state court. When the suit was brought in the state court, the appellant and the appellee were citizens of different states. The defendant at the term of the court at which the cause could be first tried, and before the trial thereof, moved for its removal to the federal court, and after hearing an order of removal was made in the state court. The plaintiff then in the federal court moved to remand it on the ground that at the time of the filing of the motion to remand, and at the time of the application for removal, the plaintiff and defendant were both citizens of the same state. The court below heard the parties on this motion, and granted it, from which order an appeal was taken.