43 F. 321 | U.S. Circuit Court for the District of Northern Iowa | 1890
The motion to remand in this case presents the question whether, under the local prejudice clause of the act of congress of 1888,
The original local prejudice act of 1867, provided “that where a suit is now pending, or may be hereafter brought, in any state court, in which there is a, controversy between a citizen of the state in which the suit is brought and a citizen of another statu, whether ho be plaintiff or defendant, if he will file an affidavit, ” etc. The clause deals with two subjects: (1) It defines the class of controversies that are removable under its provisions; (2) it declares by whom the right of removal may be exercised. To be removable, there must be in the suit a controversy between a citizen of the state wherein the suit is brought and a citizen of another state. Such a controversy existing, then, upon the showing of the existence of local influence or prejudice, the citizen of another state, whether plaintiff' or defendant, could remove the case. In cases wherein there was more than one plaintiff or defendant, it was held by the supreme court that all interested in one side of the controversy must he citizens of the state in which the suit was brought, and all interested adversely must be citizens of other states, and furthermore that all the citizens of the state or states, other than that in which the suit was pending, must unite in the application for removal. Sewing-Mach. Case, 18 Wail. 553;
Act of August 13, 1888, amending act of March. 3,1887, § 3, cl. 4.