Borough of Du Bois v. Pancoast
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Western District of Pennsylvania; William H. Hunt, Judge. Action at law by Vernon W. Pancoast against the Borough of Du Bois. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
J. B. McPHERSON, Circuit Judge.
Federal jurisdiction over this controversy depends wholly on diverse citizenship, and the writ of error raises the question whether the plaintiff was a citizen of New York or of Pennsylvania when the suit was brought. The point was distinctly made at the trial and is raised by one of the assignments, although indeed we would be bound to take notice of it on our own motion. Neel v. Penna. Co., 157 U. S. 153, 15 Sup. Ct. 589, 39 L. Ed. 654; Newcomb v. Burbank (C. C. A. 2d Cir.) 181 Fed. 334, 104 C. C. A. 164; Taylor v. Weir (C. C. A. 3d Cir.) 171 Fed. 636, 96 C.…
2Cases cited10 opinions
- Rapho v. MooreSupreme Court of Pennsylvania · 1871
- Burns v. City of BradfordSupreme Court of Pennsylvania · 1891
- Neel v. Pennsylvania Co.Supreme Court of the United States · 1895
- Duncan v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Kost v. Ashland BoroughSupreme Court of Pennsylvania · 1912
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3Cited by4 opinions
- Goodman v. Village of McCammonIdaho Supreme Court · 1926
- City of Cleveland v. PineOhio Supreme Court · 1931
- City of Norfolk v. TravisCourt of Appeals of Virginia · 1927
- Du Bois Electric Co. v. Fidelity Title & Trust Co.Court of Appeals for the Third Circuit · 1916