Blaine v. Murphy
District Court, D. Massachusetts
At Law. Action by Grace B. Blaine against Mary E. Murphy and others. On plea in abatement.
1Opinion of the Court
MORTON, District Judge.
The only ground of jurisdiction is diversity of citizenship, the writ alleging that the plaintiff is a citizen' of New York and that the defendants are citizens of Massachusetts. Both defendants have filed pleas in abatement, averring that they are citizens of New York and that there is no diversity of citizenship. The issue was heard by the court by agreement of parties, oral and documentary evidence being introduced.
The facts are unusual and interesting. The defendants are the widow and daughter of Joseph Murphy, deceased, who as early as 1871 was conducting a hotel…
2Cases cited3 opinions
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
- Follweiler v. LutzSupreme Court of Pennsylvania · 1886
- State of Rhode Island v. State of MassachusettsSupreme Court of the United States · 1833
3Cited by6 opinions
- Aldabe v. AldabeCalifornia Court of Appeal · 1962
- John H. Whitehouse and Carol A. Whitehouse v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1992
- Baerst v. State Board of EducationConnecticut Appellate Court · 1994
- Teel v. Hamilton-Wenham Regional School DistrictMassachusetts Appeals Court · 1982
- Wheeler, County Tax Commissioner v. BurgessCourt of Appeals of Kentucky (pre-1976) · 1936
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