Phelps v. Oaks

The plaintiffs in error, who were plaintiffs below, brought their action in the circuit court of De Kalb county, Missouri, at the April term, 1883, against George R. Oaks for the recovery of the possession of certain lands in that county unlawfully withheld by him, as they alleged, and for damages therefor, and for rents and profits. The defendant, a citizen of Missouri, having been served with process, the plaintiffs, who were citizens of Pennsylvania, filed their petition for the removal of the cause to the circuit court of the United States for the Western division of the Western district of Missouri, on the ground that the controversy in said suit was between citizens of different states, the matter and amount in dispute being in excess of the sum or value of $500. The prayer of the petition was granted, the accompanying bond being approved, and the cause was removed. Afterwards, on June 16, 1884, the defendant Oaks filed his answer, in which he denied all the allegations of the plaintiffs' complaint, except as expressly admitted, and in addition set up that at the time of the commencement of the action he was in the possession of the premises as the tenant, from year to year, of one Maria Zeidler, wife of John Zeidler, who was the owner thereof, and to whom he had paid the rents due on account thereof, and asked that the said Maria and John Zeidler be made parties defendant to the suit, according to the form of the statute of Missouri in such cases provided. Thereupon the Zeidlers also appeared and asked to be let in as defendants, and for leave to plead, and it was so ordered by the court, with leave to file a motion to remand the cause to the state court in 30 days. Such a motion was accordingly made on the ground that Maria Zeidler and John Zeidler, her husband, were both citizens of Pennsylvania; that the defendant Oaks made no claim or demand to the premises in controversy otherwise than as the tenant of Maria Zeidler; and that, consequently, the said suit did not really and substantially involve a dispute or controversy properly within the jurisdiction of the circuit court of the United States. Pending this motion the plaintiffs moved the court to rescind the order making Maria and John Zeidler parties. This motion to rescind was denied, and the motion of the defendants to remand the cause was granted. To reverse these rulings is the object of this writ of error.

S. B. Ladd, for plaintiffs in error.

''Chas. W. Hornor'', for defendants in error.

MATTHEWS, J.