Legal Opinion

Jones v. Consolidated Wagon & Machine Co.

District Court, D. Idaho

Decided February 11, 1929No. 676PublishedCited by 7 opinions

1Opinion of the Court

CAVANAH, District Judge.

Defendant urges again by its demurrer to the amended complaint that this court is without jurisdiction in the first instance, where jurisdieton is founded upon diversity of citizenship, as section 51 of the federal Judicial Code (28 USCA § 112) provides that, where jurisdiction is claimed on diversity of citizenship, the suit shall be brought only in the district of the residence of either plaintiff or defendant.

The demurrer to the original complaint was sustained on the ground of lack of jurisdiction, and an analysis of the amended complaint shows that it is…

2Cases cited8 opinions

  1. Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
  2. In Re Keasbey & Mattison Co.Supreme Court of the United States · 1895
  3. Lee v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1923
  4. Seaboard Rice Milling Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1926
  5. Yellow Aster Min. & Mill. Co. v. Crane Co.Court of Appeals for the Ninth Circuit · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
  2. McLean v. Mississippi Ex Rel. RoyCourt of Appeals for the Fifth Circuit · 1938
  3. Neirbo Co. v. Bethlehem Shipbuilding CorporationCourt of Appeals for the Second Circuit · 1939
  4. Hurley v. Wells-Newton Nat. CorporationDistrict Court, D. Connecticut · 1931
  5. Toulmin v. James Mfg. Co.District Court, W.D. New York · 1939

2 more not listed; retrieve them via the Exa API.

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