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Gibson v. Bruce

Supreme Court of the United States · 1883 · Civil Procedure

Civil ProcedureRemovalDiversity Jurisdictionremovaldiversity jurisdictionAct of 1875state courtfederal circuit court

Facts

The suit was originally brought in state court between parties who were citizens of different states when the action began. The petition for removal to federal circuit court was not filed until nearly two years after commencement. By the time the petition was filed, the parties were all citizens of the same state. The question was whether removal was still available under the Act of 1875.

Issue

Under the Act of March 3, 1875, may a suit be removed from state court on diversity grounds when the parties were citizens of different states when the suit was begun, but were citizens of the same state when the petition for removal was filed?

Rule

A suit cannot be removed from a state court under the Act of 1875 unless the requisite diversity of citizenship exists both when the suit was begun and when the petition for removal is filed.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nina Torres, a citizen of Oregon, sued Caleb Morrow, then a citizen of Idaho, in an Oregon state court in Portland over a contract dispute. Eighteen months later, before any trial, Caleb moved permanently to Oregon and then filed a petition to remove the case to federal circuit court.

Under the governing rule, is removal proper on diversity grounds?

Explanation. Removal is improper. The rule requires the requisite citizenship to exist at two moments: when the suit was begun and when the petition for removal was filed. Although Nina and Caleb were citizens of different states at commencement, Caleb had become an Oregon citizen by the time he sought removal, so diversity no longer existed at transfer.