Atlantic Coast Line R. v. Whilden
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. Action by Willie M. Whilden against the Atlantic Coast Fine Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
SHELBY, Circuit Judge.
[1, 2] There is no claim that the Circuit Court had jurisdiction in this cause, except upon the ground that it is a controversy between citizens of different states. It is alleged that Whilden, the plaintiff below, is a citizen of the state of Florida; but neither the declaration nor any other part of the record shows under what law the defendant corporation was chartered. The averment is that it is a “corporation and citizen of the state of Virginia.” To give the court below jurisdiction, it is necessary for the record to show that the defendant corporation was created…
2Cases cited3 opinions
- Muller v. DowsSupreme Court of the United States · 1876
- Atchison, T. & S. F. RY. CO. v. GillilandCourt of Appeals for the Ninth Circuit · 1912
- Knight v. Lutcher & Moore Lumber Co.Court of Appeals for the Fifth Circuit · 1905
3Cited by1 opinion
- Chicago, R. I. & P. Ry. Co. v. StephensCourt of Appeals for the Sixth Circuit · 1914