108 F. 449 | U.S. Circuit Court for the District of Indiana | 1901
This is an action brought in the circuit court of Howard county, Ind., by Peter Zebert against Samuel Hunt, receiver, for the recovery of $20,000 as damages for personal injuries alleged to have been sustained by the plaintiff by reason of the negligence and carelessness of the receiver and Ms servants. The defendant seasonably hied his petition, with a proper bond, for the removal of the action from the state court into this court. The application •was sustained, and the action is now pending here. The plaintiff moves the court lo remand the action to the state court on the ground that the petition does not show the requisite facts to authorize this court to entertain jurisdiction. This question must be determined solely upon the facts stated in the petition for removal and the record. The jurisdictional facts contained in the petition are stated in these words:
“That the controversy heroin is between citizens of different states, to wit. the plaint iff. Peter Zebert, who was at the time of the commencement of this suit, pud still is, a citizen and resident of this, the state of Indiana, and your ■potrlioner, the defendant herein, who was at the time of the commencement of this suit, and still Is, a c-itlzen and resident of the state of Ohio.”
The plaintiff’s contention is that the above statement is insufficient, because it is not alleged that the defendant was, at the time the suit was begun, and still is, a nonresident of the state of Indiana. When the removal is sought on the ground of diverse citizenship, it must be made to appear by the petition for removal or elsewhere in the record that such diversity of citizenship existed at the time the suit was begun, as well as at the time the removal is sought; and it must further be made to appear that the defendant was, when the suit was begun and when the removal is sought, a nonresident of the state where the suit was originally brought. Certain propositions are too thoroughly settled to'justify any citation of authority. Among these are: (1) The courts of the United States are courts whose jurisdiction in respect of parties and subject-matter is solely con