Municipal Excavator Co. v. Siedhoff

BOOTH, Circuit Judge.

This is a writ of error to a judgment affirming the report of a referee, which awarded recovery to defendant in error, plaintiff below, in an action on contract. The action was commenced in the state district court of Sedgwick county, Kan., by defendant in error against plaintiff in error and Lillian L. Derr. The defendants removed the cause to the United States District Court for the District of Kansas, on the ground of diversity of citizenship.

Neither in the pleadings nor in the removal papers do jurisdictional facts sufficiently appear; but no question of jurisdiction…