Wolfe v. Hartford Life & Annuity Insurance
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The case is stated in the opinion.
1Opinion of the Court
The Chief Justice :
The complaint in this case avers that the plaintiff was at the several times mentioned therein, “ and ever since has been and still is, a resident of the city, county and State of New York,” but his citizenship is nowhere dis-t closed by the record.
It is essential in cases where the jurisdiction depends upon the citizenship of the parties that such citizenship, or the facts which in legal intendment constitute it, should be distinctly arid positively averred in the pleadings, or should appear with equal distinctness in other parts of the record. It is not sufficient that…
2Cases cited3 opinions
- Brown v. KeeneSupreme Court of the United States · 1834
- Continental Insurance v. RhoadsSupreme Court of the United States · 1886
- Menard v. GogganSupreme Court of the United States · 1887
3Cited by54 opinions
- Mas v. PerryCourt of Appeals for the Fifth Circuit · 1974
- Steigleder v. McQuestenSupreme Court of the United States · 1905
- Realty Holding Co. v. DonaldsonSupreme Court of the United States · 1925
- Delaware, L. & W. R. v. PetrowskyCourt of Appeals for the Second Circuit · 1918
- Kelleam v. Maryland Casualty Co. of BaltimoreCourt of Appeals for the Tenth Circuit · 1940
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