Everhart v. Huntsville College
Citations
- 120 U.S. 223
- 7 S. Ct. 555
- 30 L. Ed. 623
- 1887 U.S. LEXIS 1963
Syllabus
<p>An averment that the complainant in a bill pf equity “resides” in a state is not an averment that he is a citizen of the state, so as to give a Circuit Court of the United. States jurisdiction over the subject-matter by reason of citizenship of the parties.</p> <p>When the jurisdiction of a Circuit Court depends upon the. citizenship of the parties, and that court takes jurisdiction and renders'judgment, and the récord in this court in error or on appeal fails to show the requisite citizenship, the judgment Will be reversed and the case remanded by this court on its own motion, and the party in default adjudged to pay costs here.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- clarifying that the pleadings must assert the citizenship of the parties “at the time the suit was brought”
- finding that the averment of plaintiff’s residence was “not enough . . . for the purposes of jurisdiction,” which “depends alone on the citizenship of the parties”
Source: CourtListener parenthetical corpus (CC0).
Judges: Waite
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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