· 3/2/1891

Anderson v. Watt

Citations

138 U.S. 694
11 S. Ct. 449
34 L. Ed. 1078
1891 U.S. LEXIS 2357

Syllabus

Since the passage of tbe act of March 3, 1875, 18 Stat. 470, if it appear from the pleadings and proofs, taken together, that the defendants are citizens of the United States, and reside, in the sense of having their permanent domicil, in the State of which the complainants are citizens, (or that each of the indispensable adverse parties is not competent to sue or . liable to be sued therein,) the Circuit Court cannot maintain cognizance of the suit; and the inquiry is determined by the condition of the parties at the commencement of the suit. The husband of a married -woman is a necessary party in Florida to a suit in equity to foreclose a mortgage upon real estate owned by her there; and although he be not named in the bill as'defendant he may appear at the hearing with the consent of all parties, and in this case the objec- . tion of want of consent .cannot be taken. The place where a person lives is taken to be his domicil until facts adduced establish the contrary. A domicil, once acquired, is presumed to continue until it is shown to have been changed. The domicil of the husband is the domicil of his wife, although she may be residing in another place, and even when she may be living apart from her husband without sufficient cause.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that where jurisdiction depends upon the citizenship of the parties, “the facts which in legal intendment constitute [citizenship]” should be “distinctively and positively averred”
stating that “[t]he place where a person lives is taken to be his domicil[e] until facts adduced establish the contrary”
holding a lack of diversity resulting from the citizenship of one of two executors of an estate could not be cured by revocation of the executor’s letters, leaving a sole executor
\And the [jurisdictional] inquiry is determined by the condition of the parties at the commencement of the suit\
“And the [jurisdictional] inquiry is determined by the condition of the parties at the commencement of the suit”
\And the [jurisdictional] inquiry is determined by the condition of the parties at the commencement of the suit.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Fuller, Brewer

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