Monks v. Barker

McLELLAN, District Judge.

The defendant’s “Motion to Dismiss and for Other Relief” is based upon grounds which make it unnecessary to state what the action is about.(1) The relief sought in Paragraph 1 of the motion is a dismissal of the action for lack of jurisdiction because of the want of diversity of citizenship between the parties. The motion may not be allowed upon this ground, because whatever the situation later may have become, there was sufficient diversity of citizenship at the time the action was begun.(2) The second paragraph of the defendant’s motion asserts in substance that…