Von Voight v. Michigan Cent. R. Co.

Citations

• 130 F. 398
• 1904 U.S. App. LEXIS 4817

Syllabus

<p>1. Jurisdiction of Federal Courts — Allegation of Foreign Citizenship.</p> <p>An allegation that plaintiff is a citizen of the British Empire is not a sufficient allegation that he is an alien, and a citizen or subject of some one foreign state, for the purpose of conferring jurisdiction on a federal court in a suit against a citizen of a state.</p> <p>2. Same — District of Suit — Waiver of Objection.</p> <p>The right of a defendant to be sued in the district of which he is a resident is not strictly jurisdictional, but is a personal privilege, which may be waived, and which is waived by a general appearance.</p> <p>IT 1. Averments of citizenship to show jurisdiction of federal courts, see note to Shipp v. Williams, 10 C. O. A. 261.</p> <p>2. See Appearance,'vol. 3, Cent. Dig. § 114; Venue, vol. 48, Cent. Dig. § 49.</p>