Samuel Blatchford

“ The controversy which Crump asked to have adjudicated was one in which he should be declared to be the owner of the shares, and in which, to give him the fruition of such decree, and enable him to stand as the legal owner of the shares, and be recognized as such on the books of the corporation, there should be a decree ordering the corporation to cancel on its books the evidence of the ownership by Wilson, and to issue to Crump certificates for the shares. ”

“ The jurisdiction of the circuit court must be determined, for the purposes of this case, by the status of the parties, and the nature of the relief which had been asked by the plaintiff, at the time of the application for removal. ”

“ If the decree of the circuit court had bben decree of the circuit court had been a right in favor of a citizen of Kentucky against a corporation in Kentucky. That corporation could not have removed the suit by showing that a citizen of New York was the other claimant of the stock. The event of the suit, a decree in favor of Thurber, on the merits, against Crump and the corporation, is not a proper test of the jurisdiction. If Thurber had brought the suit originally in the state court against Crump and the corporation, it could have been removed ”