United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jefferson v. Driver, 117 U.S. 272 (1886)

Jefferson v. Driver

Submitted March 1, 1886

Decided March 15, 1886

117 U.S. 272

Syllabus

A removal of a cause from a state court on the ground of local prejudice can only be had where all the parties to the suit on one side are citizens of different states from those on the other.

The provision as to the removal of a separable controversy under the second subdivision of Rev.Stat. § 639 has no application to removals under the third subdivision, and the similar provision in the Act of March 3, 1876, applies only to removals under that act.

A purchaser pendente lite of real estate who becomes party to the suit is subject to the disabilities of the parties at the time he comes in, in respect of removing the cause from a state court to a circuit court of the United States.

The case is stated in the opinion of the Court.

Page 117 U. S. 273