Gilbert v. David
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF CONNECTICUT. The facts, which involve the jurisdiction of this court under § 238, Judicial Code, and the construction of § 37, Judicial Code, and the jurisdiction and duty of the District Court thereunder, are stated in the opinion.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF CONNECTICUT. The facts, which involve the jurisdiction of this court under § 238, Judicial Code, and the construction of § 37, Judicial Code, and the jurisdiction and duty of the District Court thereunder, are stated in the opinion. Under the.pleadings as they stood the court was without power to dismiss the case for want of jurisdiction due to lack of diversity of citizenship, and the order or judgment of dismissal whs a nullity. Under the facts proven, the court erred in holding that the evidence showed the plaintiff to be…
1Opinion of the CourtJustice Day
This ease is here upon writ of error and certificate presenting the question of jurisdiction of the District Court. It comes under § 238 of the Judicial Code, and presents to this court the question of jurisdiction only. The suit was begun on November 5, 1904, in the United States Circuit Court for the District of Connecticut. On May 24,1905, a substituted complaint was filed. The object of. the suit was to recover for alleged breaches of a certain indemnity contract set forth in the complaint. In this substituted complaint, as well as in the original complaint, the allegation as to diverse…
2Cases cited8 opinions
- Williamson v. OsentonSupreme Court of the United States · 1914
- Morris v. GilmerSupreme Court of the United States · 1889
- Wetmore v. RymerSupreme Court of the United States · 1898
- Steigleder v. McQuestenSupreme Court of the United States · 1905
- Wos v. E. M. A. Ex Rel. JohnsonSupreme Court of the United States · 2013
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3Cited by267 opinions
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- Tomas Menchaca and Wife, Irma Menchaca v. Chrysler Credit CorporationCourt of Appeals for the Fifth Circuit · 1980
- TEXAS v. FLORIDA Et Al.Supreme Court of the United States · 1939
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