Schwab v. Cameron

LINDLEY, District Judge.

Defendants move to dismiss the complaint on the grounds, first, that there is no diversity of citizenship as alleged and, second, that the court is powerless to proceed under Section 57 of the Judicial Code, 28 U.S.C.A. § 118.

Plaintiff averred in his complaint that he is a resident of Texas and that defendants are residents of Indiana. He has filed affidavits in support of his averment and defendants have filed affidavits to the effect that they are only temporarily residing in Indiana and retain their actual, residence in Texas. Inasmuch as the complaint sets out the…