St. Joseph Land Co. v. MacLean

LEWIS, Circuit Judge.

This appeal does not present for consideration the merits of the case. All of the errors assigned challenge only jurisdiction of the district court. Each assignment is, in substance: That it affirmatively appeared from the bill of complaint that jurisdiction of the court depended upon diversity of citizenship, and the plaintiff sued as assignee of a chose in action, and the assignor and defendant being citizens of the State of Utah, the court was without jurisdiction to hear and determine said cause under the provisions of section 24 of the Judicial Code as amended. The…