Denny v. Pironi
Citations
- 141 U.S. 121
- 11 S. Ct. 966
- 35 L. Ed. 657
- 1891 U.S. LEXIS 2505
Syllabus
<p>When the pleadings in an action in a Circuit Court of the United States fail tchshow averments of diverse citizenship necessary to give the court jurisdiction, the fault cannot be cured by making such an averment in a remittitur by the plaintiff of a portion of the judgment.</p> <p>While it is not necessary that the essential facts, necessary to give a Circuit Court jurisdiction on the ground of diverse citizenship • should be averred in the pleadings, they must appear in such papers as properly constitute the record on which judgmént is entered, and not in averments which are improperly and surreptitiously introduced into the record for the purpose of healing a defect in this particular. The cases on this subject reviewed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Citizenship, not residence, is the key fact that must be alleged in the complaint to establish diversity for a natural person.”
- trial court could allow amendment in its discretion
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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