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INSURANCE COMPANY v. FRANCIS

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78 U.S. 210 (1871)

11 Wall. 210

20 L.Ed. 77

INSURANCE COMPANY, v. FRANCIS.

Supreme Court of United States.

March 6, 1871.

Attorney(s) appearing for the Case

Messrs. Carlisle and McPherson, for the plaintiff in error:

Mr. T.A. Hendricks, with a brief of Messrs. R.N. Bishop and D.W. Voorhees, contra:

Mr. Justice DAVIS delivered the opinion of the court.

The act of Congress of March 2, 1867, which allows a plaintiff, under certain circumstances, to remove his cause from the State to the Federal court, authorizes the transfer only when one party is a citizen of the State in which the suit is brought and the other party is a citizen of a different State. In this case, while it appears on the face of the declaration that the...

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