CASES
ARGUED AND DETERMINED
IN THE
SUPREME COURT OF NORTH DAKOTA
John C. Miller, as Administrator, with will annexed, of the Estate of Marie E. Sunde, deceased, Plaintiff and Appellant, v. Harold Sunde, Defendant and Respondent.
(Opinion Filed February 5, 1890.)
1. Transfer of Cases to Federal Court Under Omnibus Bill.
Under § 23 of the Omnibus Bill, the federal court which might have had jurisdiction of a case under the laws of the United States, had such federal court existed at the time of the commencement of such action, becomes, upon the written request of either party for a transfer of the case, the complete successor of the territorial court in which such action was pending at the time of the admission of this state into the Union; provided, the record, which closes with the filing of the request, discloses a proper case for transfer. All proceedings in the state court thereafter are coram non judice.
2. Same—Jurisdiction of State Court.
The filing of the request in open court, the attention of the court being called thereto, works an immediate destruction of the jurisdiction of the state court, and at the same moment vests such jurisdiction in the proper federal court. The only power that remains in the state court is to perform the merely ministerial act of making the formal transfer.
3. Same, Prior to Request for Transfer.
The proper state court, however, is until such request the successor of the territorial court in which the case was pending.
4. Citizenship—Administrators.
The personal citizenship of an administrator, executor, trustee, or receiver determines the question of diverse citizenship, on which federal jurisdiction depends. Neither the fact that the representative was appointed such in the state of which the opposite party is a citizen, nor
