United States Supreme Court Cases & Opinions

U.S. Supreme Court

Amory v. Amory, 95 U.S. 186 (1877)

Amory v. Amory

95 U.S. 186

Syllabus

1. A petition for the removal from a state court of a suit brought by the plaintiffs in their representative capacity as executors is insufficient, under the Act of March 2, 1867, 14 Stat. 558, where the defendant, who is not a citizen of the state where the suit is brought, alleges, so far as the citizenship of the plaintiffs is concerned, that they, "as such executors," are citizens of that state.

2. Where the jurisdiction of the courts of the United states depends upon the citizenship of the parties, it has reference to their personal citizenship.

3. Insurance Company v. Pechner, supra, p. 95 U. S. 183, cited and approved.

The facts are stated in the opinion of the Court.

Page 95 U. S. 187