Hancock v. Holbrook

119 U.S. 586, 7 S. Ct. 341, 30 L. Ed. 538, 1887 U.S. LEXIS 1922

Opinion

. Me. Chief Justice Waite

delivered the opinion of the court.

The order remanding this ease is affirmed. A suit cannot ■ be removed from a State Court to a Circuit Court of the United States under subsection 3 of .§ 639 of the Kevised Stat-' utes on the ground, pf “ prejudice or local influence,” unless ¿11 the plaintiffs or all the defendants are citizens of the state in which the suit was brought, and of a state other than thát of which those petitioning for the removal are citizens. Here -it appears that Hancock, the'plaintiff, oh whose petition the removal was had, is a citizen of New York,- and Eliza Jane' Holbrook and G-eorge' Nicholson,.two ,of the defendants, and those principally.interested.in-the.litigation, citizens of'Missis,-sippi, while R1W. Holbrook and Richard Fitzgerald, the other defendants, are alone citizens of Louisiana, where the suit y/as brought. These Louisiana defendants are necessary partiés to' the.suit, but, according to-the record, those who are citizens of Mississippi are- the real parties in interest. Affirmed.