Parkerson v. Borst
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Suit in equity by Mrs. Louise Stone Borst against Mrs. Camilla Putnam Parkerson, testamentary executrix of W. S. Parkerson, deceased. Decree for complainant, and defendant appeals.
1Opinion of the Court
GRUBB, District Judge.
[1] The jurisdiction of the District Court is questioned by the appellee; the citizenship of the plaintiff, in the state of Mississippi, as alleged in the bill, being challenged as a matter of fact by the appellant. The question was raised in the District Court by a motion to dismiss the bill for want of jurisdic*243tion. In the view we have taken of the side of the court upon which the case was properly triable, the issue as to the citizenship of the plaintiff would have been better presented by a plea in abatement in the nature of a plea to the jurisdiction, as held in the…
2Cases cited5 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Reynes v. DumontSupreme Court of the United States · 1889
- Buzard v. HoustonSupreme Court of the United States · 1886
- Hartog v. MemorySupreme Court of the United States · 1886
- Cecil Nat. Bank v. ThurberCourt of Appeals for the Fourth Circuit · 1894
3Cited by7 opinions
- Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932
- Parkerson v. BorstCourt of Appeals for the Fifth Circuit · 1920
- Parkerson v. BorstCourt of Appeals for the Fifth Circuit · 1919
- Seong v. Trans-Pacific Airlines, Ltd.Hawaii Supreme Court · 1955
- First Nat. Bank of St. Petersburg v. SolomonCourt of Appeals for the Fifth Circuit · 1933
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