This section contains the nature of the case and procedural background.

John Swan, S. C. Rose, F. M. Hutchinson, and Robert McMann, as partners under the name of Swan, Rose & Co., (P) brought suit against Railway (Ds). Ps sought damages for alleged breaches of a contract for the construction of the railroad of Ds. Ds filed a petition for its removal to the Circuit Court of the United States. D is a corporation created by the laws of Ohio alone, and the other, a corporation consolidated under the laws of Michigan and Ohio, the constituent corporations having been organized under the laws of those States respectively, and that they are, consequently, citizens, one of Ohio, and one of both Michigan and Ohio. Ds alleged John Swan and Frank M. Hutchinson, were, and still are, citizens of the State of Pennsylvania; that the said Robert H. McMann was then a citizen of the State of Ohio, but that he is not now a citizen of that State, and that Stephen C. Rose, at the time of the commencement of this suit, was a citizen of the State of Michigan; that he died therein during the pendency of this suit, and the said Lester E. Rose is the administrator of the estate of the said Stephen C. Rose in the State of Michigan, but that he is not a necessary party as plaintiff in this suit. Removal was granted. Ps then moved to remand the cause on the ground, among others, that the Circuit Court had no jurisdiction because the 'real and substantial controversy in the cause is between real and substantial parties who are citizens of the same State and not of different States.' Ps’ motion was denied. The trial occurred and Ps got the verdict of $238,116.18 against Ds jointly, and a further sum of $116,468.32 against one of them. D appealed.

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