Young v. Parker's Administrator
132 U.S. 267 (1889)

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U.S. Supreme Court

Young v. Parker's Administrator, 132 U.S. 267 (1889)

Young v. Parker's Administrator

No. 75

Submitted November 6, 1889

Decided December 2, 1889

132 U.S. 267

Syllabus

On the facts stated in the opinion it is held that there is no separable controversy in this case, but that if there were, the provision as to the removal of such a controversy has no application to a removal on the ground of local prejudice.

In order for the removal of a cause from a state court on the ground of local prejudice under Rev.Stat. § 639, it is essential, where there are several plaintiffs or several defendants, that all the necessary parties on one side be citizens of the state where the suit is brought, and all on the other side be citizens of another state or other states, and the proper citizenship must exist when the action is commenced as well as when the petition for removal is filed.

The case is stated in the opinion.

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