Klenk v. Byrne
U.S. Circuit Court for the District of Western Washington
In Equity. Suit by the owner of unoccupied land to have an adjudication of an adverse claim to the title asserted by the defendants under a sale pursuant to judicial proceedings foreclosing a tax lien. Heard on bill and answer. For lack of proof to establish diversity of citizenship, jurisdiction of the case disclaimed.
1Opinion of the Court
HANFORD, District Judge.
Upon an examination of the pleadings, the court finds that the answer, in its entirety, fully admits all but one of the facts essential to entitle the complainants to the relief prayed for in their bill of complaint. The jurisdiction of the court appears to have been invoked on the ground of diversity of citizenship of the parties. The answer requires proof of the averment that at the time of commencing the suit the complainants were citizens of the state of Pennsylyania, and without proof to establish that fact affirmatively the court cannot assume jurisdiction to…
2Cases cited8 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Anderson v. WattSupreme Court of the United States · 1891
- Steigleder v. McQuestenSupreme Court of the United States · 1905
- Roberts v. LewisSupreme Court of the United States · 1892
- McManus v. MorganWashington Supreme Court · 1905
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3Cited by1 opinion
- State v. ClementsNew Mexico Supreme Court · 1926