• View enhanced case on Westlaw
  • KeyCite this case on Westlaw
  • http://laws.findlaw.com/us/157/153.html
    Cases citing this case: Supreme Court
    Cases citing this case: Circuit Courts
    NEEL v. PENNSYLVANIA CO, 157 U.S. 153 (1895)

    U.S. Supreme Court

    NEEL v. PENNSYLVANIA CO, 157 U.S. 153 (1895)

    157 U.S. 153

    NEEL
    v.
    PENNSYLVANIA CO.
    No. 188.

    March 11, 1895

    This action was brought in the court of common pleas of Richland county, Ohio, and removed into the circuit court by the defendant. The petition for removal stated: 'First. The plaintiff was at the time of the commencement of this action, and still is, a resident of the state of Ohio, in the county of Richland. Second. The Pennsylvania Company, the defendant herein, is a corporation duly incorporated under and by virtue of the laws of the state of Pennsylvania, and was at the commencement of this action, and still is, a citizen of that state, and was not then, nor has it ever been, a citizen of the state of Ohio. Third. The matters in controversy in this suit are wholly between citizens of different states, and the amount in dispute, exclusive of costs, exceeds the sum of two thousand dollars, and is to recover the sum of ten thousand ($10,000) dollars.'

    The record failed to show of what state plaintiff was a citizen. [157 U.S. 153, 154]   D. Dirlm, for plaintiff in error.

    Mr. Chief Justice FULLER.

    On the authority of Grace v. Insurance Co., 109 U.S. 278, 283 , 284 S., 3 Sup. Ct. 207, Insurance Co. v. Rhoads, 119 U.S. 237 , 7 Sup. Ct. 193, and Railway Co. v. Swan, 111 U.S. 379, 388 , 4 S. Sup. Ct. 510, the judgment of the circuit court will be reversed, with instructions to remand the case to the state court, with costs against defendant in error, which must also pay the costs in this court. Hanrick v. Hanrick, 153 U.S. 192, 198 , 14 S. Sup. Ct. 835. Judgment reversed accordingly.

    FindLaw Career Center

      Search for Law Jobs:

        Post a Job  |  View More Jobs
    Ads by FindLaw