Doyle v. Clark
U.S. Circuit Court for the District of Eastern Michigan
On motion to remand. Plaintiff, a citizen of Illinois, began suit against the defendant in the superior court of Detroit. This was removed to this court and tried on the 24th day of June. On the trial plaintiff submitted to a nonsuit, and two days thereafter began this suit for the same cause of action in the superior court of Detroit, which was also removed upon the petition of the defendant setting forth that plaintiff was a citizen of Illinois.
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On motion to remand. Plaintiff, a citizen of Illinois, began suit against the defendant in the superior court of Detroit. This was removed to this court and tried on the 24th day of June. On the trial plaintiff submitted to a nonsuit, and two days thereafter began this suit for the same cause of action in the superior court of Detroit, which was also removed upon the petition of the defendant setting forth that plaintiff was a citizen of Illinois. Motion was made to remand on the ground that at the time the suit was commenced plaintiff was a citizen of this state, and this court had no…
1Opinion of the Court
BROWN, District Judge.
If plaintiff be a citizen of the United States, and in absence of proof to the contrary I must presume such to be the fact, her citizenship of *1029any particular state depends solely upon her residence within such state. The constitution, investing jurisdiction in the federal courts over controversies between citizens of different states, is to be interpreted as if the word “resident” were used instead of “citizen,” though when used in contradistinction to the word “alien,” it signifies that class of persons who by nativity or naturalization have obtained the right to the…
2Cases cited7 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Smith v. CroomSupreme Court of Florida · 1857
- Ringgold v. BarleyCourt of Appeals of Maryland · 1853
- State v. HallettSupreme Court of Alabama · 1845
- Burton v. LawrenceTexas Supreme Court · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United States v. Chong SamDistrict Court, E.D. Michigan · 1891
- In re Ryuzo HigaDistrict Court, D. Hawaii · 1913