Helm v. Zarecor

Citations

• 222 U.S. 32
• 32 S. Ct. 10
• 56 L. Ed. 77
• 1911 U.S. LEXIS 1865

Syllabus

<p>In determining whether diversity ui citizenship exists to give jurisdiction, it .is the duty of the Circuit Court to arrange the parties with respect to the actual controvfersy looking beyond the formal arrangement made by the bill.</p> <p>Where, as in this case, the controversy over the control of a corporation transcends the rivalry of those' claiming to be members of’its board of control and the corporation itself is a mere instrumentality or title holder, it is properly made a party defendant and should not be aligned as a party plaintiff 'merely because the plaintiffs belong to the same faction that claims the power to appoint the members of the board of control.</p>