Legal Opinion

Gaddle v. Mann

U.S. Circuit Court for the Southern District of Georgia

Decided August 31, 1906PublishedCited by 8 opinions

In Equity. On motion to dismiss for want of jurisdiction.

1Opinion of the Court

SPEER, District Judge.

Tbis question arises on a motion made by one of the defendants, under section 5 of the judiciary act of 1875 (Act March 3, 1875, c. 137, 18 Stat. 472 [U. S. Comp. St. 1901, p. 511]), to dismiss the bill for want of diversity of citizenship, on the ground that the complainant is not a citizen of North Carolina, as alleged, but a citizen of Georgia.

Evidence in the form of affidavits has been introduced to show that he is a citizen of Irwin county in this state; that, in November, 1905, he registered as a voter for the Democratic White primary in that county, in which it is…

2Cases cited15 opinions

  1. Mitchell v. United StatesSupreme Court of the United States · 1875
  2. Barry v. EdmundsSupreme Court of the United States · 1886
  3. Morris v. GilmerSupreme Court of the United States · 1889
  4. Shelton v. TiffinSupreme Court of the United States · 1848
  5. Hartog v. MemorySupreme Court of the United States · 1886

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3Cited by8 opinions

  1. State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
  2. Hill v. WalkerCourt of Appeals for the Eighth Circuit · 1909
  3. Baker v. KeckDistrict Court, E.D. Illinois · 1936
  4. Petition of OganesoffDistrict Court, S.D. California · 1927
  5. Petition of WrightDistrict Court, E.D. Michigan · 1941

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