UNITED STATES SUPREME COURT DECISIONS ON-LINE

A petition for removal which alleges the diverse citizenship of the parties in the present tense is defective, and if it does not appear in the record that such diversity also existed at the commencement of the action, the cause will be remanded to the circuit court with directions to send it back to the state court, with costs against the party at whose instance the removal was made.

The case as stated by the Court was as follows: