Bayerque v. Haley
United States Circuit Court
In equitj'. In this ease a bill was exhibited for the foreclosure of a mortgage, to which a demurrer was filed. The grounds assigned are given in the opinion of the court.
1Opinion of the Court
MCALLISTER. Circuit Judge.
The first ground taken in support of the demurrer is, that the averment of the citizenship of Samuel Moss, Jr., is not sufficiently made to give jurisdiction to the court. It is in these words: “That the said Samuel Moss, Jr., during his lifetime was a citizen of the United States and of the state of Pennsylvania.” Although this averment might have been made with more precision, it still must be deemed sufficient. If during his life he was a citizen of Pennsylvania, the idea that he was a citizen of this’ state at the time of the commencement of this suit is…
2Cases cited2 opinions
- Shuttlesworth v. NoyesMassachusetts Supreme Judicial Court · 1811
- Rowe v. KohleCalifornia Supreme Court · 1854
3Cited by1 opinion
- Young v. WilkinsonTennessee Supreme Court · 1858