Denny v. Pironi
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This was a writ of error sued out under the act of February 25, 1889, .25 Stat. 693, c. 236, allowing a .writ of error in all cases involving the jurisdiction of the Circuit Court.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This was a writ of error sued out under the act of February 25, 1889, .25 Stat. 693, c. 236, allowing a .writ of error in all cases involving the jurisdiction of the Circuit Court. The action- was brought by the defendants in error against Denny, one of the plaintiffs in error, to recover certain wines purchased of the plaintiffs by one Momand through the alleged fraudulent device of Denny, who subsequently seized such wines upon an attachment of his own against Momand. The only averment of citizenship,…
1Opinion of the Court
'Mr. Justice Brown,
after stating the case, delivered the opinion of the court.. The only averment of the plaintiffs’ citizenship appearing in the record prior to the remittitur is contained in the first allegation of the petition, that “ the petitioners, who are hereinafter styled plaintiffs, are and were at the times of the accrual of the causes of action hereinafter stated, a mercantile firm, composed as aforesaid, engaged in the wholesale wine and liquor business in the city and county of Los Angeles, California, where both of said plaintiffs also reside.” That an averment of residence is…
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