Stevens v. Nichols
130 U.S. 230 (1889)

Annotate this Case

U.S. Supreme Court

Stevens v. Nichols, 130 U.S. 230 (1889)

Stevens v. Nichols

No. 190

Argued March 11, 1889

Decided April 1, 1889

130 U.S. 230

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF MISSOURI

Syllabus

A petition for removal which alleges the diverse citizenship of the parties in the present tense is defective, and if it does not appear in the record that such diversity also existed at the commencement of the action, the cause will be remanded to the circuit court with directions to send it back to the state court, with costs against the party at whose instance the removal was made.

The case as stated by the Court was as follows:

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