La Confiakoe Compagnie Anonyme D'as- Suranoe v. Hall. Error To the Circuit Court of the United States for the Eastern District of Ahssourl

No. 11. Argued and submitted October 21, 1890.-Decided November 3, 1890.

In a petition for the removal of a fause from a State court on the ground of diverse citizenship, the failure to state the existence of such citizen- ship at the commencement of the suit as well as when the removal was asked is a fatal defect.

THE case is stated in the opinion.

Statement of the Case.

Mr. Charles B. Alexander (with whom was Mr. John J. Mc- Cook on the brief) for plaintiff in error.

Mr. Given Camtnpbell for defendant in error.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

This action was commenced by plaintiff in error in a State court, and removed to the Circuit Court of the United States for the Eastern District of Missouri upon petition of the de- fendant, on the. ground that the plaintiff was an alien and citizen of France and the defendant a citizen of Missouri. The existence of such diverse citizenship at the commencement of the suit, as well as when the removal was asked, did not appear affirmatively in the petition for removal or in the record when that was filed.

We are compelled to reverse the judgment, with costs, and remit the cause to the Circuit Court, with a direction to remand to the State Court. Stevens v.N chole, 130 U. S. 230; Crehore v. Ohio and Mississippi Riailway Co., 131 U. S. 240; Jackson Y. Allen, 132 U. S. 27.

Reversed and ordered accordingly.

No. 10. Submitted October 21, 1890. - Decided October 27, 190.

The court dismisses without costs to either party an appeal, the subject matter of which has been settled elsewhere, leaving only the disposition of costs involved.

IN EQUITY. The case is stated in the opinion.

PER CunRi_: This is an appeal from the decree of the Su- preme Court of the District of Columbia dismissing the bill of