Einstein v. Georgia Southern & F. Ry. Co.

Citations

• 120 F. 1008
• 1903 U.S. App. LEXIS 5317

Syllabus

<p>1. Diverse Citizenship — Trustees—Refusal to Sue — Jurisdiction.</p> <p>In an action by two of three trustees against a corporation residing in another state, the fact that one of the trustees, who refused to join as plaintiff in the suit, and was made a defendant, resided in the same state as the corporation, did not deprive the federal court of jurisdiction, on the ground that the trustee residing in the same state with defendant was a necessary party plaintiff, since that trustee was not really a party to the controversy, hut only made such in order that the rights of aU interested parties might be determined in one proceeding.</p> <p>¶ 1. Diverse citizenship as ground of federal jurisdiction, see note to Shipp v. Williams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. C. A. 298.</p>