Stine v. Moore

DAWKINS, District Judge.

Plaintiff, a citizen of Cameron Parish, Louisiana, sues defendant as a citizen of Texas for alleged breach of a contract of lease, claiming large damages, in alternative situations as set out in the complaint. Defendant has moved to dismiss for lack of diversity of citizenship for the reason, as averred, he is also a citizen of this state.

Of course, the burden of proving jurisdiction based upon diversity or otherwise, when challenged, is upon plaintiff; but, when it was shown that defendant had a former domicile in the State of Texas the presumption was it continued…