Mexico South. Bank v. Reed
U.S. Circuit Court for the District of Southern Ohio
Action on a promissory note, the caption of the petition being “The Mexico Southern Bank, a Corporation, Plaintiff, v. Townsend Reed, Defendant,” and it comes before the court on a motion made by defendant to dis miss the petition for the following reasons: First. “Because the statement and designation in the caption of the petition of the alleged plaintiff is not in conformity to law.” Second.
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Action on a promissory note, the caption of the petition being “The Mexico Southern Bank, a Corporation, Plaintiff, v. Townsend Reed, Defendant,” and it comes before the court on a motion made by defendant to dis miss the petition for the following reasons: First. “Because the statement and designation in the caption of the petition of the alleged plaintiff is not in conformity to law.” Second. “Because by law jurisdiction of the court in a case like this must be shown by a full statement and designation in the title or caption of the petition of the kind, character, and location of the…
1Opinion of the Court
SWING, District Judge.
The vital point in the motion to dismiss the petition, and the only point necessary to be decided by the court, is, whether the caption of the petition is sufficient to give the court jurisdiction in this case. “It is a settled doctrine of this court, that, in cases where jurisdiction of the federal courts depend upon the citizenship of the parties, the facts essential to support that jurisdiction must appear somewhere in the record,” says Mr. Justice Harlan, in the opinion given by him, October term, 1878, in the supreme court of the United States, in Robertson v. Cease…
2Cases cited2 opinions
- Robertson v. CeaseSupreme Court of the United States · 1878
- Briges v. SperrySupreme Court of the United States · 1877
3Cited by2 opinions
- Forrest v. Edwin Forrest HomeU.S. Circuit Court for the District of Southern New York · 1880
- Shade v. Northern Pac. Ry. Co.District Court, W.D. Washington · 1913