Steigleder v. McQuesten

Citations

• 198 U.S. 141
• 25 S. Ct. 616
• 49 L. Ed. 986
• 1905 U.S. LEXIS 1145

Syllabus

<p>An-averment in the bill of the diverse citizenship of the parties is sufficient to make a prima facie case of jurisdiction so far as it depends on citizenship.</p> <p>While under the act of 1789, an issue as to the fact of citizenship can only be made by plea of abatement, when the pleadings properly aver citizenship, it is the duty of the court, under the act of March 3, 1875, which is still in force, to dismiss the suit at any time when its want of jurisdiction appears.</p> <p>A motion to dismiss the cause, based upon proofs taken by the master, is an appropriate mode in which to raise the question of jurisdiction.</p> <p>Residence and citizenship are wholly different things within the méaning of the Constitution and the laws defining and regulating the jurisdic-. tion of the Circuit Courts of the United States; and a mere averment of residence in a State is not an averment of citizenship in that State for the purposes of jurisdiction.</p> <p>One who has been for many years a citizen of a State is still a citizen thereof, although residing temporarily in another State but without any purpose of abandoning citizenship in the former.</p>