Chambers v. Anderson

MOORMAN, Circuit Judge.

This ease presents a preliminary question of jurisdiction. The appellee, plaintiff below, alleged in her declaration that “she is and was when this action was brought a citizen and resident of the State of Kentucky, and that each and all of the defendants are and were * * * citizens and residents of the State of Tennessee.” The appellants, defendants below, filed a plea, according to the state practice, of “not guilty.” They now claim that this plea put in issue the averments that defendants were citizens and residents of Tennessee, and, as no evidence was offered to…