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 subsection 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.
Page 119 U. S. 587
This was an appeal from an order of the circuit court remanding
to a state court a cause removed thence to the circuit court. The
case is stated in the opinion of the Court.
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
The order remanding this case 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 Revised Statutes on the ground
of "prejudice or local influence" 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. Here it appears that Hancock, the
plaintiff, on whose petition the removal was had, is a citizen of
New York, and Eliza Jane Holbrook and George Nicholson, two of the
defendants, and those principally interested in the litigation,
citizens of Mississippi, while R. W. Holbrook and Richard
Fitzgerald, the other defendants, are alone citizens of Louisiana,
where the suit was brought. These Louisiana defendants are
necessary parties to the suit, but, according to the record, those
who are citizens of Mississippi are the real parties in
interest.
Affirmed.