Ward v. Blake Manuf'g Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. At Law. Action by the Blake Manufacturing Company against Zeb Ward to recover a balance due on the contract price of certain machinery sold to him. There was a verdict for plaintiff, and judgment thereon, and defendant brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. At Law. Action by the Blake Manufacturing Company against Zeb Ward to recover a balance due on the contract price of certain machinery sold to him. There was a verdict for plaintiff, and judgment thereon, and defendant brings error. Statement by CALDYv'ELL, Circuit Judge: On the 12th day of December, 1885, the Blaise Manufacturing Company, the defendant in error, agreed to manufacture and put up for Zeb Ward, the plaintiff in error, at Little Bock, Ark., pumps and pumping machinery for the purpose of…
1Opinion of the Court
CALDWELL, Circuit Judge,
(after stating the facts.) The jurisdiction of the court is challenged upon the ground that it does not appear from the averments of the complaint that the plaintiff- is a citizen of New York, or that its citizenship is different from that of the defendant. The point was not suggested in the court below. The allegation of the complaint is that the plaintiff “is a corporation organized and domiciled in the state of New York.” A corporation must dwell iu the state of its creation. It cannot have a domicile in any other state. “It has no faculty to emigrate.” St. Louis v.…
2Cases cited13 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Burton v. DriggsSupreme Court of the United States · 1874
- St. Louis v. Ferry Co.Supreme Court of the United States · 1871
- Express Co. v. Kountze BrothersSupreme Court of the United States · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Post Pub. Co. v. HallamCourt of Appeals for the Sixth Circuit · 1893
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Myers v. HettingerCourt of Appeals for the Eighth Circuit · 1899
- United States v. Regents of New Mexico School of MinesCourt of Appeals for the Tenth Circuit · 1950
- Howe v. Howe & Owen Ball Bearing Co.Court of Appeals for the Eighth Circuit · 1907
12 more not listed; retrieve them via the Exa API.