Anderson v. Watt
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT . OF FLORIDA. This was a bill filed on the 25th day of August, 1885, by Gustavus W. Faber and James S. Watt, describing themselves as “ both of the city and State of New' York and citizens of the State of New York, executors of the last will of James Symington, deceased, late of the State of New York,” as such executors, against “J. C. Anderson, of Orlando, Orange County, Florida, a citizen of the…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT . OF FLORIDA. This was a bill filed on the 25th day of August, 1885, by Gustavus W. Faber and James S. Watt, describing themselves as “ both of the city and State of New' York and citizens of the State of New York, executors of the last will of James Symington, deceased, late of the State of New York,” as such executors, against “J. C. Anderson, of Orlando, Orange County, Florida, a citizen of the State of Florida, as the administrator of Edward J. Wilson, deceased, and Thomas Emmett Wilson and Sarah J. Davis, both…
1Opinion of the Court
Mr. Chief Justice Fuller,
after stating the case, delivered, the opinion of the court.
Ufider the act of March 3,1875, determining the jurisdiction of Circuit Courts of the United States (18 Stat. 470, 472) the objection to the -jurisdiction upon a denial of the averment of citizenship is,not confined to a plea in abatement or a demurrer, but may be taken in the .answer, and the time at which it may be raised is not restricted. Although the averment as to citizenship may be sufficient, yet, if if appear that that averment is untrue, it is the duty of the Circuit Court to dismiss the suit; and…
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