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AMERICAN BIBLE SOCIETY V. PRICE, 110 U. S. 61 (1884)

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U.S. Supreme Court

American Bible Society v. Price, 110 U.S. 61 (1884)

American Bible Society v. Price

Submitted December 14, 1883

Decided January 7, 1884

110 U.S. 61

Syllabus

1. Under the third subdivision of § 639 Rev.Stat., a suit cannot be removed from a state court, unless all parties on one side of the controversy are different citizens from those on the other. Sewing Machine Companies, 18 Wall. 553, and Vannevar v. Bryant, 21 Wall. 41, adhered to.

2. Where a daughter of a testator commenced suit in a state court to set aside the will, and the executors were trustees of a small trust fund under the will, the use of which was to be enjoyed by the daughter during her life, and which was to go to her children on her decease. Held that the executors were necessary parties to the suit, and if they were citizens of the same state as the daughter, the cause could not be removed into the circuit court of the United States, under the third subdivision of § 639 Rev.Stat. even though the legatees and devisees of the great mass of the estate were citizens of other states.

Motion to dismiss an appeal from an order of the court below remanding the cause to the state court.





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