Legal Opinion

Sun Printing and Publishing Assn. v. Edwards

Supreme Court of the United States

Decided May 16, 1904No. 239PublishedCited by 197 opinions

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involved the sufficiency of averments and proof of diverse citizenship to maintain the -jurisdiction of the United States Circuit Court, are stated in the opinion of the court. The complaint is defective.

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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involved the sufficiency of averments and proof of diverse citizenship to maintain the -jurisdiction of the United States Circuit Court, are stated in the opinion of the court. The complaint is defective. Citizenship and residence are not synonymous terms, Parker v. Overman, 18 How. 141; Robertson v. Cease, 97 U. S. 648; Abercrombie v. Dupuis, 1 Cr. 343; Bingham v. Cabot, 3 Dall. 382; Wood v. Wagnon, 2 Cr. 9; Capron v. Van Noorden, 2 Cr. 126; Brown v. Keene, 8 Pet. 112; Hornthal v. Collector, 9 Wall. 560;…

1Opinion of the CourtJustice White

The certificate of the United States Circuit-Court of Appeals for the Second Circuit is as follows:

“ This cause comes here upon a writ of error to review a judgment of the Circuit Court, Southern District of New York, entered upon the verdict of a jury in favor of defendant in error, who was plaintiff below. Upon examination of .the record it appears that, in addition to various questions as to the merits of-the controversy which are presented by the assignments of error, the jurisdiction of the Circuit Court is in issue. Under sections 5 and 6 of the act of March 3, 1891, writs of error in…

2Cases cited11 opinions

  1. Mitchell v. United StatesSupreme Court of the United States · 1875
  2. Robertson v. CeaseSupreme Court of the United States · 1878
  3. Anderson v. WattSupreme Court of the United States · 1891
  4. Southern Railway Co. v. AllisonSupreme Court of the United States · 1903
  5. Denny v. PironiSupreme Court of the United States · 1891

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3Cited by197 opinions

  1. Miriam W. Williams v. Best Buy Co., Inc.Court of Appeals for the Eleventh Circuit · 2001
  2. Palazzo v. CorioCourt of Appeals for the Second Circuit · 2000
  3. Travaglio v. American Express Co.Court of Appeals for the Eleventh Circuit · 2013
  4. Penteco Corporation Limited Partnership--1985a, an Oklahoma Limited Partnership v. Union Gas System, Inc., a Kansas CorporationCourt of Appeals for the Tenth Circuit · 1991
  5. George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972

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