Wood v. Mann
U.S. Circuit Court for the District of Massachusetts
Bill in equity [by Josiah Wood, Jr., against Samuel H. Mann], The answer of the defendant was excepted to for impertinence, and referred to a master, who reported, that the answer, being a general answer to the whole bill on the merits, was impertinent in an allegation, which traversed and put in issue the citizenship of the plaintiff alleged in the bill. The defendant filed an exception to the report on this point.
1Opinion of the Court
STORY, Circuit Justice.
The point now before the court is, whether the exception to the report of the master is well taken or not. The plaintiff in his bill has alleged, that he is a citizen of the state of New Hampshire, and that the defendant is a citizen of the state of Massachusetts. Upon the bill, therefore, it is clear, that the court has jurisdiction over the parties in the case. The defendant, however, instead of putting in a plea to the jurisdiction of the court, denying the citizenship of the plaintiff, has chosen to put in a general answer to the merits, and has prefaced it by a…
2Cases cited1 opinion
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
3Cited by11 opinions
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Raymond v. SimonsonIndiana Supreme Court · 1835
- Angelina R. Eberly and Peyton Lytle, by His Next Friend, A. B. Eberly, in Error v. Lewis Moore and Charles RaylonSupreme Court of the United States · 1861
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1904
- Prudential Ins. v. McKeeCourt of Appeals for the Fourth Circuit · 1936
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