Houston & Texas Central Ry. Co. v. Shirley - 111 U.S. 358 (1884)
U.S. Supreme Court
Houston & Texas Central Ry. Co. v. Shirley, 111 U.S. 358 (1884)
Houston and Texas Central Railway Company v. Shirley
Submitted March 24, 1884
Decided April 14, 1884
111 U.S. 358
Under the Act of March 3, 1875, 18 Stat. 470, a suit cannot be removed on the ground of citizenship unless the requisite citizenship existed both when the suit was begun and when the petition for removal was filed. Gibson v. Bruce, 108 U. S. 561, cited and followed.
A substituted party comes into a suit subject to all the disabilities of him whose place he takes so far as concerns the right of removal of the cause. Cable v. Ellis, 110 U. S. 389, approved.
This was an appeal from an order of the circuit court remanding the cause back to the state court from whence it had been removed. The facts are stated in the opinion of the Court.