Ohio Marble Co. v. Byrd

HICKS, Circuit Judge.

John U. Byrd, appellee, filed his bill in equity against the Ohio Marble Company, appellant, in which he sought to recover certain amounts alleged to havé been earned by him as a salesman. Jurisdiction was based upon the statutory requirement as to amount and the allegation of diverse citizenship.

Appellee averred that he was a citizen of Kentucky, and that appellant was an Ohio corporation. There was a preliminary hearing upon appellant’s motion to dismiss the bill for lack of diversity of citizenship, appellant asserting that at the time suit was brought appellee was not…