Rogers v. Rogers
New York Court of Chancery
The defendants, who were the executors of Fitch Rogers, late of the state of Connecticut, deceased, commenced suits at law in the Superior Court of the city of New-York, against the complainants, on notes given to the testator: which suits *are still pending. The complainants set up an equitable defence to those suits, and the bill in this cause was filed for the purpose of obtaining an injunction to stay the proceedings at law.
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The defendants, who were the executors of Fitch Rogers, late of the state of Connecticut, deceased, commenced suits at law in the Superior Court of the city of New-York, against the complainants, on notes given to the testator: which suits *are still pending. The complainants set up an equitable defence to those suits, and the bill in this cause was filed for the purpose of obtaining an injunction to stay the proceedings at law. The defendants in this suit presented their petition stating that they were all citizens of the state of Connecticut; and prayed for the removal of this cause into…
1Opinion of the Court
The Chancellor:—From the facts disclosed in the petition and opposing affidavit, it is doubtful whether the defendant Holley was not a citizen of the same state with the complainants when this suit was commenced. Under the constitution of the United States, a citizen of any one state becomes a citizen of any other in which he resides. The question of residence or domicil is frequently one of great doubt and difficulty, depending on a variety of facts and circumstances; and if the removal of this cause depended on that question alone, it might be necessary to have a reference, for the purpose…
2Cases cited1 opinion
- Simms v. GuthrieSupreme Court of the United States · 1815
3Cited by10 opinions
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
- Third National Bank v. HaugMichigan Supreme Court · 1890
- Hudkins v. WardWest Virginia Supreme Court · 1887
- Bell v. McConkeySupreme Court of Virginia · 1886
- Exton v. ZuleNew Jersey Superior Court Appellate Division · 1861
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