Collins v. Huffman
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Middle District of Pennsylvania; Charles B. Witmer, Judge. Action by Clara Collins against Harvey Huffman and others. The suit was dismissed, and plaintiff brings error. On motion to dismiss the writ of error.
1Opinion of the Court
McPHERSON, Circuit Judge.
This suit for a conspiracy to defraud was begun on June 20, 1916, by Clara Collins, a married woman, against Harvey Huffman and several other defendants. In the praecipe for the summons and in her statement of claim the plaintiff declared herself to be a citizen of New York, and the defendants to be citizens of Pennsylvania. On the face of the papers, therefore, the court had jurisdiction; but before answering on the merits the defendants raised the preliminary question whether the plaintiff was in fact a citizen of New York, averring that both she and her husband…
2Cases cited4 opinions
- Old Nick Williams Co. v. United StatesSupreme Court of the United States · 1910
- Kentucky Coal, Timber, Oil & Land Co. v. HowesCourt of Appeals for the Sixth Circuit · 1907
- City of Waxahachie v. ColerCourt of Appeals for the Fifth Circuit · 1899
- Rutan v. JohnsonCourt of Appeals for the Third Circuit · 1904