Houston & Texas Central Ry. Co. v. Shirley
111 U.S. 358 (1884)

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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

Syllabus

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.

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