Lehigh Valley Coal Co. v. Yensavage
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. This was an action in the District Court for the Eastern District of New York, commenced on November 4, 1912, for damages arising from an accident while in the defendant’s employ. The original complaint stated that the plaintiff, was a resident and citizen of the county of Kings, and that the defendant was a resident and citizen of the state of. Pennsylvania.
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In Error to the District Court of the United States for the Eastern District of New York. This was an action in the District Court for the Eastern District of New York, commenced on November 4, 1912, for damages arising from an accident while in the defendant’s employ. The original complaint stated that the plaintiff, was a resident and citizen of the county of Kings, and that the defendant was a resident and citizen of the state of. Pennsylvania. Plaintiff served an amended complaint on the 6th of February, 1913, repeating the allegation that he was a resident and citizen of the county of…
1Opinion of the Court
LEARNED HAND, District Judge.
Upon the point of jurisdiction we think the court below was right. Roberts v. Lewis, 144 U. S. 654, 12 Sup. Ct. 781, 36 L. Ed. 579, decided that a denial of the allegation of citizenship raised the question of jurisdiction over the subject-matter, and that, where the record shows no proof on the issue, the court has no power to proceed. The proof under the pleadings here at bar did not show the exact ground of jurisdiction over the subject-matter which was alleged, but it did show a controversy, between an alien and a citizen of the state of Pennsylvania, over…
2Cases cited21 opinions
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- In Re HohorstSupreme Court of the United States · 1893
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Ex Parte HardingSupreme Court of the United States · 1911
16 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944
- Charles R. Carlton v. Mystic Transportation, Inc., Mystic Bulk Carriers, Inc., and Leonard BaldariCourt of Appeals for the Second Circuit · 2000
- Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Miguel VAZQUEZ Et Al., Plaintiffs-Appellees, v. EASTERN AIR LINES, INC., Defendant-AppellantCourt of Appeals for the First Circuit · 1978
- Leonard Greene and Joyce Greene v. United StatesCourt of Appeals for the Second Circuit · 1996
53 more not listed; retrieve them via the Exa API.