Page:Federal Reporter, 1st Series, Volume 10.djvu/705

OBeENB V. ELINGEH. 693 �rupt act are reinovable;(M) or cases under the homestead laws of the United States ;(») or under the act of congress respecting customs and duties;(w) but the erroneous levy of state taxes does not involve a federal question. (ce) �The flrst clause of this section relates only to cases where there is a single, individual contre versy, and in which all the parties on the moving aide are necessary parties, when all must unite.(y) The requisite citizenship must exist at the time of flling the petltion(2) as well as at the commencement of the suit, (a) The circuit court, under this clause, has no jurisdiction between a citizen of one state and citizens of the same state and another state ;(6) so, where there were three defendants, one being a citizen of the state with the plaintiff, the case was not removable.(c) In a suit between a foreiga citizen and citizens of various states the removal was allowed where all but one of the defendants applied;(ui) so it was held that the objection to the removal, founded on tiie citizenship of one of the parties, is not favored after an expira- tion of 18 months.(e) A suit brought by a citizen of another state against a citizen of England may be removed.(/) The citizenship of an infant governs the right of removal of a cause brought by his regular guardian, his guardian ad litem, or his next friend.(fi') A bill to compei a trustee to apply the income to pay the debts of the cestui qtte trust, and the latter is a non-resident, may be rcmoved.(A) The citizenship of a railroad company is not changed by the leasing of a road in another state ;(i) and in a suit to enjoin the execution of the lease, the president and directors are not such necessary parties as will prevent a removal for their non-joinder.(j') For the purposes of jurisdiction, a corporation is considered a citizen of the state which created it. and not of the state under whose laws it has entered to operate in its Une of business ■,{k) but if the effect of state legislation be to adopt the corporation, it becomes, for the purposes of jurisdiction, a corporation created by the state so adopting it, and it cannot remove a cause brought in such state.(Z) �The second clause, however, contemplates cases in which there are persons whose presence is not necessary to the determination of the controversy, when �(«)Connor ▼. Scott, 4 Dill. 342; Houser v. (d) Cooker v. Seligman, 7 Fed. Rep. 263. �Clayton.aWooaa, 273; Hebert v. Lefevre, 31 La. (e),Vnn Allen T. Atchison,C. & P. B.Co.BFea. �Ann. 363. Bep. S46. �(v) Van Allen v. Atchlson, C.& P. R. Co. 3 Fcd. (/) Eureka Consol. M. Co. v. The Richmond �Rep. 546. Consol. M. Co. 2 Fed Rep. 829. Contra, under �(ui) Orner v. Saunders, 3 Dill. 284. section 639, Dennlston v. Potts, 19 Miss 36. �(i) Berger v. Douglas Co. 5 Fed. Rep. 23 (y) Woolridge v. McKcnna, 8 Fed. Rep. 660. �(jr) Buckman V. PallsadesLandCo. 1 Fed. Bep. (A) Broadway Bank v. Adsims, 130 Mass. 431. �C67; suble v. Hyde, 3 Fed. Rep. 330; Smtli v. (i) Baltimore & O. R. Co. T. Koontz, 3 Morr. �McKay, 4 Fed. Rep. 353; Smith v. Horton, 7 Fed. Trans. 34. �Rep. 270; Removal Cases, 100 U. S. 467; Nat. (^)PondT. Slbley, 7 Fed. Rep. 129; Nat, Bank �Bank T. Dodge, 2Int. ReT. Bec.3(M. of LyndonT.Wells Riv. ManuPg Co. 7 Fed. Rep. �(») Cnrtin v. Decker, 6 Fed. Rep. 385 ; Bcede t. 760. Cheeney, Id. 388. Qc') Williams T. Missouri, K. & T. R. Co.3 Dill. �(a) Bruce v. Gibson, 9 Fed. Rep. 540. 267 ; Missonri, Kiins. & T. R. Co. v. Texas & St. �(») Karns V. Atlantic & O. R. Co. 10 Fed. Rep. Louis R. Co. auto, 497; and see Baltimore &0. R. �309. Nor of a suit brought by an alien against Co. v. Cary, 28 Ohio St. 208; Allegheny Co. v. �an alien. Sawyer r. Switzerland M. Ins. Co. 14 Cleveland & P. R. Co. 61 Pa. St. 228. Blatchr. 451 ; Barrow Cliffe v. La Caisse Generale, (?) Uphoft' v. Chicago, St. L. & N. O. R. Co. 6 �68H0W. Pr 131; OroscoT. Gagliardo, 22Cal. 83. Fed Rep. 545; Johnson T. Phila. W. & B. R. Co. �(c) Hanover F. Ins. Co. v. Keogh, 7 Fed. Rep. 9 Fed. Rep. 6 ; and see Chicago & W J. R. Co. T. �764. L. S. & M. S. R. Co. 5 Fed. Rep. 19. As to cou- ��� �