Appalachian Electric Power Co. v. Smith

McDOWELL, District Judge.

This motion is based on the theory that this suit is not a suit to remove cloud from title. The first argument made in behalf of the defendants assumes that this is a transitory action, and seemingly admits that this court would have jurisdiction of the persons of the defendants, but for the (alleged) fact that federal jurisdiction is here not based solely on diversity of citizenship. The latter part of this argument, even if it were sound, is unnecessary. If this is a transitory action, the residence of the plaintiff in this district could not possibly give this…