Hurst v. Western and Atlantic Railroad Company

93 U.S. 71, 23 L. Ed. 805, 3 Otto 71, 1876 U.S. LEXIS 1351

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

The act of March’ 2, 1867, provided, in substance, that where a suit was pending in a State court, between, a citizen of the State in which the suit was brought and a citizen of another State, and the matter in dispute exceeded the sitm of $500, such citizen of another State, whether plaintiff or defendant, if he made and filed in such State court an affidavit, stating “ that he has reason to and does believe that, from prejudice or local influence, he will not be able to obtain justice in such State court,” might have the cause removed to the Circuit Court of the United States. Here the suit was brought in a court of the State of Tennessee, by a citizen of that State, against a citizen of the State of Georgia. Under the statute, the party who was a citizen of Tennessee could not have" the cause removed to the Circuit Court, because he was a citizen of the State in which the suit was brought, and not of “ another State;” but the citizen of Georgia could. In this case, the removal was made upon the application of the party who was a citizen of Tennessee, and, consequently, the Circuit Court properly refused to entertain jurisdiction. Judgment affirmed.