Wood v. Davis - 59 U.S. 467 (1855)

U.S. Supreme Court

Wood v. Davis, 59 U.S. 18 How. 467 467 (1855)

Wood v. Davis

59 U.S. (18 How.) 467

Syllabus

Where a bill in chancery was filed in a state court by a citizen of that state against parties some of whom resided in that state and some in another state, and the latter removed the cause into the circuit court of the United States and that court, after

Page 59 U. S. 468

answer filed, remanded it to the state court, this order was, under the circumstances of the case, erroneous.

The real parties in interest were those who resided out of the state. The circumstance that other and formal parties were joined with them in the bill cannot oust the federal courts of jurisdiction.

The case is stated in the opinion of the Court.