Shirk v. City of La Fayette
U.S. Circuit Court for the District of Indiana
At Law. Action by Elbert W. Shirk, trustee, against the city of La Fayette. On motion to dismiss the complaint for want of jurisdiction. Overruled.
1Opinion of the Court
Baker, District Judge.
Action by the plaintiff, as trustee, against the defendant, to. recover damages for the diversion and use of water. The complaint alleges that the plaintiff is a citizen of the state of Illinois, and that the defendant is a citizen of the state of Indiana. It further alleges that the plaintiff was duly appointed trustee of property situated *858in this state by the circuit court of Miami county, Ind. The defendant moves to dismiss for want of jurisdiction on the ground that the plaintiff, though actually residing in Illinois, is to be deemed a citizen of this state, because…
2Cases cited3 opinions
- New Orleans v. Gaines's AdministratorSupreme Court of the United States · 1891
- Rice v. HoustonSupreme Court of the United States · 1871
- Bryant v. RichardsonIndiana Supreme Court · 1890
3Cited by7 opinions
- Estate of JohnsonCalifornia Supreme Court · 1903
- In re E. T. Kenney Co.District Court, D. Indiana · 1905
- Pittsburgh, S. & N. R. v. FiskeCourt of Appeals for the Third Circuit · 1910
- Popp v. Cincinnati, H. & D. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1899
- Reed v. RobilioDistrict Court, W.D. Tennessee · 1965
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