Spurgeon v. Mission State Bank

REEVES, District Judge.

The question for decision in this case is whether the plaintiff, a minor nearly nineteen years of age, was capable under the law of choosing a residence or domicile different from that of his parents. If so, and if a choice had actually been made, then a diversity of citizenship does not exist and the case should be remanded to the court of its origin. Otherwise, jurisdiction should be retained.

The minor’s mother and stepfather reside in Queen City, Schuyler County, Missouri. The minor formerly resided with them at that place. His father died in 1926. His mother…