Page:Federal Reporter, 1st Series, Volume 2.djvu/836

 eceeka mising co. ». eichjiond mining 00, 829 �The Eureka Consoi.idated Mining Company v. The Rioh- uoND Consolidated Mining Comîany, (limited.) �(Circuit Court, D. Nevada. June 14, 1880.) �Kemovai..— A. suit brought in a court of the state of Nevada, by a cttîzen of California agalnst a citizen of England, may be removed into the cir- cuit court under act of March 3, 1875. �Motion to Eemand. �Crittenden Tlwrnton, for the motion. �John Garber, opposed. �HiLLYER, D. J. This is a motion to remand the cause to the Btate court from which it was removed. The plaintifif Is a corporation of California, and the defendant an English cor- poration, doing business in Nevada. The sole question is ■whether the character of the parties is such asgives this court jurisdiction. On both sides it bas been assumed, and cor- rectly, no doubt, that the case stands precisely as if the plaintiff and defendant were natural instead of artificial persons. The defendant makes this motion upon the ground that neither party is a citizen of the state in which the suit is brought, and it is argued that, notwithstanding the omis- sion from the act of 1875 of the worda in the act of 1789, confining the jurisdictiom to suits "brought by a citizen of the state in which the suit is brought," (1 St. 79,) the meaning of the act of 1875 is, in this respect, identical with that of 1789, and subsequent statutes prior to that of 1875, prescribing the same restriction, that the word "foreign" must relate to the residence of the party suing, and not to the form in which suit is brought ; that is to say, in order that there may be a right of removal in a case like this the suit must now, as before the act of 1875, be brought in the state in •which the plaintiff resides. �The question, upon examination, appears to me to be en- �tirely free from difficulty. Under the constitution the judicial �po"ver extends to controversies "between a state or citizens �thereof and foreign states, citizens and subjects." There is �nothing here limiting or qualifying the power in the enumer- 15* ����