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HANCOCK V. HOLBROOK, 112 U. S. 229 (1884)

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U.S. Supreme Court

Hancock v. Holbrook, 112 U.S. 229 (1884)

Hancock v. Holbrook, 112 U.S. 229 (1884)

Argued November 4, 1884

Decided November 17, 1884

112 U.S. 229


When a cause commenced in a state court and removed to a circuit court is brought to this Court and it does not appear on the face of the record that chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 112 U. S. 230

the citizenship of the parties was such as to give the circuit court jurisdiction on removal, the judgment below will be reversed without inquiry into the merits and the cause sent back with instructions to remand it to the state court from which it was improperly removed. Mansfield, Coldwater & Lake Michigan Railway v. Swan, 111 U. S. 379, affirmed.

In so remanding the cause, this Court will make such order as to costs as is just.

This cause was argued by counsel on the merits. The jurisdictional question raised by the pleadings is stated in the opinion of the Court.

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