Post v. Buckley

Citations

• 119 F. 249
• 1902 U.S. App. LEXIS 5263

Syllabus

<p>1. Jurisdiction op Federal Courts—Diversity op Citizenship—Nominal. Parties.</p> <p>A defendant who is substantially charged in the bill with conspiracy to defraud, and against whom a large judgment is asked on the ground that he refused to surrender on demand property which had been conveyed to him as trustee by complainant, but permitted the same to-be sold under foreclosure, cannot be considered a merely nominal party, and the fact that he is a citizen of the same state as complainant, deprives a federal court of jurisdiction.</p> <p>¶ 1. Diverse citizenship as ground of federal jurisdiction, see notes toShipp v. Williams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. C. A. 298.</p>