Hennessy v. Richardson Drug Co.

Citations

• 189 U.S. 25
• 23 S. Ct. 532
• 47 L. Ed. 697
• 1903 U.S. LEXIS 1322

Syllabus

<p>An averment in a bill that the complainants are “ all.of Cognac in France, and citizens of the Republic of France,” is sufficient to give the Circuit Court of the United States for Nebraska jurisdiction in a controversy where the defendants are citizens of Nebraska. No averment of alien-age is necessary.</p> <p>Where the Circuit Court dismisses a bill on the ground that it has no jurisdiction because diversity of citizenship did not appear, and certifies this question of jurisdiction, that is the only question for the consideration of this court on an appeal under the first subdivision of section 5 of the Judiciary Act of March 3, 1891, and if jurisdiction is found to exist the case will be remanded to be heard on the merits, notwithstanding the Circuit Court also expressed the opinion that the bill was without equity.</p>