Wright v. Skinner
District Court, S.D. New York
These were demurrers to two bills in equity, filed by a trustee in bankruptcy to recover money paid by the bankrupts to the defendants within four months prior to the bankruptcy.
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These were demurrers to two bills in equity, filed by a trustee in bankruptcy to recover money paid by the bankrupts to the defendants within four months prior to the bankruptcy. The grounds of objection alleged in the demurrers were that the bills contained no statement of the place of abode or citizenship of the parties, as required by the twentieth equity rule, and that it appeared, by the plaintiff’s own showing, by the bills, that the plaintiff was not entitled to the relief prayed for. In support of the latter ground of demurrer, it was argued that the bills did not allege any demand…
1Opinion of the Court
HOLT, District Judge.
An allegation of citizenship is not jurisdictional, except in cases in which the jurisdiction depends on the diverse citizenship of the parties. 2 Abb. U. S. Prac. 68. An. allegation of the residence of the parties is not necessary to impart jurisdiction. Teese v. Phelps, 1 McAll. 17, Fed. Cas. No. 13,818. An omission to comply with the provisions of rule 20, requiring the place of abode of the parties to be stated, is, in my opinion, not properly corrected by demurrer, but by a motion. Harvey v. Richmond, etc., Co. (C. C.) 64 Fed. 19.
The general rule established by the…
2Cases cited3 opinions
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Wilkinson v. DobbieU.S. Circuit Court for the District of Northern New York · 1874
- Harvey v. Richmond & M. Ry. Co.U.S. Circuit Court for the District of Eastern Virginia · 1894
3Cited by3 opinions
- McCulloch v. Davenport Savings BankDistrict Court, S.D. Iowa · 1915
- Kraver v. AbrahamsDistrict Court, E.D. Pennsylvania · 1913
- Bowler v. First National BankSouth Dakota Supreme Court · 1907