Fenton v. Sinclair Refining Company

It is my contention that a party plaintiff cannot be a nonresident for one purpose and a resident for another in the same action. We know that if an attempt to remove this case to the Federal Court had been made in the trial court, the administrator would immediatley have set up that he was a resident of Maine as was the defendant and assert there was no diversity of citizenship. However, here the counsel for the administrator are claiming that for the purposes of this lawsuit he is a resident of Oklahoma because he is the personal representative of the deceased who was a resident of Oklahoma…