
    Swayne v. Boylston Ins. Co.
    
      (Circuit Court, E. D. New York.
    
    March 22, 1888.)
    Removal oi? Causes—Citizen ship—Actions against Non-Residents.
    Under act U. S. March 3,1887, § 1, providing that United States circuit courts shall have original cognizance of civil suits between citizens of different states, and no civil suit shall be brought against any person in any other district than that whereof he is an inhabitant; and section 2, authorizing the removal from state courts to United States circuit courts of any civil suits of which the circuit courts are given jurisdiction by the preceding sectioh,—a cit.iz,en of one state, sued in a state court oi another state by a citizen pf the latter, has the right of removal to the United States circuit court.
    On Motion to Remand to State Court.
    
      J. A. Shoudy, for plaintiff, cited:
    
      Yuba Co. v. Mining Co., 32 Fed. Rep. 183; Telegraph Co. v. Brown, Id. 337; Fales v. Railway Co., Id. 673; Gavin v. Vance, 33 Fed. Rep. 84; Rawley v. Railroad Co., Id. 305; Nelson v. Hennessey, Id. 113.
    
      L. W. Clark, for defendant, cited:
    
      Railroad Co. v. Railroad Co., 33 Fed. Rep. 385; Dwyer v. Peshall, 32 Fed. Rep. 497; Fisk v. Henarie, Id. 417; Judah v. Wire Co., Id. 561; Bourke v. Amison, Id. 710; Anderson v. Appleton, Id. 855; Weller v. Tobacco Co., Id. 860; Mining Co. v. Markell, 33 Fed. Rep. 386; Reinstadler v. Reeves, Id. 308; Covert v. Waldron, Id. 311; Loomis v. Coal Co., Id. 353; Newgass v. New Orleans, Id. 196; Short v. Railway, Id. 114; Nelson v. Hennessey, Id. 113; Harold v. Mining Co., Id. 529.
   Lacombe, J.  