Sun Printing and Publishing Assn. v. Edwards
Citations
- 194 U.S. 377
- 24 S. Ct. 696
- 48 L. Ed. 1027
- 1904 U.S. LEXIS 832
Syllabus
<p>An allegation in the complaint-, which is admitted by the answer that defendant is a domestic corporation duly organized and existing under the laws of a designated State and having its principal office therein is a sufficient averment as to defendant’s citizenship.</p> <p>In determining, on certified question of jurisdiction from the Circuit-Court of Appeals, whether diverse citizenship exists, the whole record may be looked to for tile purpose of curing a defective averment, and if the requisite citizenship is anywhere averred in the- record, or facts are therein stated whieli in legal intendment constitute such allegation, that is sufficient.</p> <p>Where the court is satisfied, in the light of all the testimony, that an averment of residence in a designated State was intended to mean, and, reasonably construed must be interpreted as averring, that plaintiff was a citizen Of that State, it is sufficient.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that domicile is governed by residence and the intention to remain
- noting that domicile is governed by residence and the intention to remain
- noting that domicile is governed by residence and the intention to remain
- noting that domicile is governed by residence and the intention to remain
- noting that domicile is governed by residence and the intention to remain
- “The whole record ... may be looked to, for the purpose of curing a defective averment of citizenship, where jurisdiction in a Federal court is asserted to depend upon diversity of citizenship .... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: White, Harlan, Pecicham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.