| Law - 1921 - 496 pages
...also as to the question wnetner tne general provision thus quuted is limited by the subsequent ยง 51, "Where the jurisdiction is founded only on the fact...residence of either the plaintiff or the defendant." It often happens that a suit is brought in a State Court between citizens of different States in a... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1903 - 612 pages
...matter in dispute exceeds, exclusive of interest and costs, the sum or value of $2,000 ; and provides that, 'where the jurisdiction is founded only on the...residence of either the plaintiff or the defendant.' 24 Stat. 552, 25 Stat. 433 [US Comp. St. 1901, p. 514]. The circuit courts of the United States are... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1904 - 598 pages
...sufficient under the acts of Congress, that court has jurisdiction, although it may not be brought in the district of the residence of either the plaintiff or the defendant. The essential jurisdictional facts in such a case are the diverse citizenship and the amount in controversy.... | |
| American Bar Association - Bar associations - 1921 - 1066 pages
...founded only on the fact that the action is hetween citizens of different states, suits shall he hrought only in the district of the residence of either the plaintiff or the defendant. The conflicting decisions on these points are thus summarized hy Mr. Boston (88 Central Law Journal... | |
| Law reports, digests, etc - 1899 - 2060 pages
...August 13, 1SSS, relating to the jurisdiction of circuit courts of the United States, it was provided that, "where the jurisdiction is founded only on the...residence of either the plaintiff or the defendant." 25 Stat. 433. Diversity of citizenship as between the parties sufficiently appears on the face of the... | |
| Law reports, digests, etc - 1906 - 2090 pages
...any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact...residence of either the plaintiff or the defendant." In this action the plaintiff's claim to jurisdiction is founded only on the fact that the action is between... | |
| Law reports, digests, etc - 1892 - 1912 pages
...original process or proceedings, in any other district than that whereof he is an inhabitant; but, where the jurisdiction is founded only on the fact...residence of either the plaintiff or the defendant." The apparent contradiction of these clauses of the act gave rise to much controversy, but the question... | |
| Law reports, digests, etc - 1902 - 1128 pages
...first section of the amendatory act of August 13, 1888 (25 Stat. 433), it is declared that, "where jurisdiction is founded only on the fact that the...residence of either the plaintiff or the defendant." In support of the 13. Citizenship of corporations for purpose of federal jurisdiction, see note to Railway... | |
| Law reports, digests, etc - 1893 - 2192 pages
...and is a citizen of that division. He is a citizen of this district, and the law provides: "But where jurisdiction is founded only on the fact that the...residence of either the plaintiff or the defendant." The terms of the law are clear and unambiguous. The suit must be brought in the district, not in any... | |
| Law reports, digests, etc - 1910 - 1052 pages
...district than that whereof he is an inhahitant, but where the jurisdiction is founded only on the fuel that the action is between citizens of different states,...residence of either the plaintiff or the defendant." it is urged by counsel for plaintiff, in his painstaking and forceful brief, that Judge Maxey's construction... | |
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