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_ SWAYNE ·v. BOYLSTON INS. C0.
`((}17rcuit 6'onri, E. D. New York. March 22, 1888.)
Ramfovn. on Causes-Crrrzmnsnrr-Acrrons Aesmsr Non-Rnsxnmivrs.
, Under act U. S. March 3, 1887, § 1, providing that United States circuit courts
shall have original cognizance of civil suits between citizens of dilferent states,
and no civil suit shall be brought against any person in any other district
than that whereof he is an inhabitant; and section 2, authorizing the removal
from state courts to United States circuit courts of any civil suits of which
the circuit courts are given jurisdiction by the preceding section,—a citizen of
one state, sued in a state court of another state by a citizen of the latter, has
_ the right of removal to the United States circuit court.
On Motion to Remand to State Court.
J. A. Shandy, for plaintiff`, cited:
Yuba Co. v. Mining Oo., 32 Fed. Rep. 183; Telegraph Co. v. Brown, Id.
337; Fales v. Railway Co., Id. 673; Gavin v. Vance, 33 Fed. Rep. 84; Raw-
ley v_. Railroad Oo., Id. 305; Nelson v. Hennessey, Id. 113.
L. W. Clark, for defendant, cited:
Railroad Co. v. Railroad-Co., 33 Fed. Rep. 385; Dwyer v. Peshall, 32 Fed.
Rep. 497; Fisk v. Henarie, Id. 417; Judah v. Wire Oo., Id. 561; Bourke v.
Amison, Id. 710; Anderson v. Appleton, Id. 855; Weller v. Tobacco Co., Id.
860; Mining Co. v._Markell, 33 Fed. Rep. 386; Reinstadler v. Reeves, Id. ,
308; Covert v. Waldron, Id. 311; Loomis v. Coal Oo., Id. 353; Newgass v.
New Orleans, Id. 196; Short v. Railway, Id. 114; Nelson v. Hennesseg, Id.
113; Harold v. Mining Co., Id. 529.
Lacomsn, J. The plaintiff is a resident and citizen of New York; the
defendant a resident and citizen of Massachusetts. The action was be-
gun in the supreme court of this state, and removed into this court by
the defendant. V Plaintiff now moves to remand it, upon the ground
that, as the defendant is a non-resident, this court would have no juris
v.35F.no.1—-1 _