Laubscher v. Fay

Citations

• 197 F. 879
• 10 Ohio Law Rep. 456
• 1912 U.S. Dist. LEXIS 1503

Syllabus

<p>1. Courts (§ 311*) — Federad Courts — Jurisdiction—Citizenship—Parties —Administrator.</p> <p>Under Gen. Code Ohio, § 10,772, providing that actions for wrongful death shall be for the exclusive benefit of the wife or husband and children of the person killed, and must be brought in the name of the personal representative of the deceased person, such personal representative is not a more nominal party, but the real party designated by statute, so that his citizenship, and not that of the beneficiaries, is to be considered in determining whether the action presents a controversy between citizens of a state and a foreign slate, citizens or subjects, so as to confer jurisdiction on the federal courts.</p> <p>[Ed. Note. — For other .cases, see Courts, Cent. Dig, § 858; Dec. Dig. § 311.*</p> <p>Diverse citizenship as ground of federal jurisdiction, see notes to Shipp v. Williams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. O. A. 298.]</p> <p>2. Executors and Administrators (§§ 87, 456*) — Actions —■ Compromise —• Costs.</p> <p>Under Gen. Code Ohio, § 10,772, providing that an action for wrongful death must be brought in the name of the decedent’s personal representative, such representative has authority to compromise the suit or to dismiss it, and is responsible for his actions and for costs.</p> <p>[Ed. Note. — For other cases, see Executors and Administrators, Cent. Dig. §§ 323, 384-392; Dec. Dig. §§ 87, 456.*]</p>