Legal Opinion

Stevens v. Nichols

Supreme Court of the United States

Decided April 1, 1889No. 190PublishedCited by 101 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. The case as stated by the court .was as follows : This action was commenced on the 25th day of July, 1881, in one of the courts of Missouri, by the defendant in error against the Texas and Atlantic Refrigerator Car Company, a corporation of that State, Robert S. Stevens and Henry ID. Mirick.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. The case as stated by the court .was as follows : This action was commenced on the 25th day of July, 1881, in one of the courts of Missouri, by the defendant in error against the Texas and Atlantic Refrigerator Car Company, a corporation of that State, Robert S. Stevens and Henry ID. Mirick. Its object was to reach, and have applied in satisfaction of a judgment obtained by the plaintiff against the car company, the several amounts due from Stevens and Mirick on their subscriptions of stock in that company.…

1Opinion of the CourtJustice Harlan

1. It was held in Robertson v. Cease, 97 U. S. 646, 649, upon writ of error from a Circuit Court of the United States, that “ in cases where jurisdiction depends upon the citizenship of the parties, such citizenship, or the facts which in legal intendment constitute it, should be distinctly and positively averred in the pleadings, or they should appear affirmatively .and with equal distinctness in other parts of the record.” Mansfield, Coldwater &c. Railway v. Swan, 111 U. S. 379, 382; Hancock v. Holbrook, 112 U. S. 229, 231; Thayer v. Life Association, 112 U. S. 717, 719; Continental Ins.…

2Cases cited10 opinions

  1. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  2. Robertson v. CeaseSupreme Court of the United States · 1878
  3. Morris v. GilmerSupreme Court of the United States · 1889
  4. Metcalf v. WatertownSupreme Court of the United States · 1888
  5. Continental Insurance v. RhoadsSupreme Court of the United States · 1886

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3Cited by101 opinions

  1. Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899
  2. Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
  3. Dowell v. ApplegateSupreme Court of the United States · 1894
  4. Kinney v. Columbia Savings & Loan Ass'nSupreme Court of the United States · 1903
  5. Chesapeake & Ohio Railway Co. v. McCabeSupreme Court of the United States · 1909

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