Rice v. Houston
Supreme Court of the United States
Error to the Circuit Court for the Middle District of Tennessee; the case being thus: A. W. Vanleer, a citizen of Tennessee, having died at Nashville, letters of administration were granted by the proper authority there to one Houston, on his estate. It seemed to be admitted by counsel that, at this time, Houston was a citizen of Tennessee. But he afterwards, it was equally admitted, was in Kentucky and domiciled there.
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Error to the Circuit Court for the Middle District of Tennessee; the case being thus: A. W. Vanleer, a citizen of Tennessee, having died at Nashville, letters of administration were granted by the proper authority there to one Houston, on his estate. It seemed to be admitted by counsel that, at this time, Houston was a citizen of Tennessee. But he afterwards, it was equally admitted, was in Kentucky and domiciled there. Thus domiciled he brought two suits in the court below, the Circuit Court for the Middle District of Tennessee, to recover from Rice on certain notes given to his decedent,…
1Opinion of the CourtJustice Davis
The question of jurisdiction is the only point in the case.
Although in controversies between citizens of different States, it is the character of the real and not that of the nominal parties to the record which.determines the question of jurisdiction, yet it has been repeatedly held by this court that suits can be maintained in the Circuit Court by executors or administrators if they are citizens of a different State from the party sued, on the ground'that they are the real parties in interest, and succeed to all the rights of the testator or intestate by operation of law. And it makes no…
2Cited by33 opinions
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
- Ingersoll v. CoramSupreme Court of the United States · 1908
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- New York Evening Post Co. v. ChalonerCourt of Appeals for the Second Circuit · 1920
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