Sanbo v. Union Pac Coal Co.

• Decision Date: 14 September 1905
• Docket Number: 2,158.
• Citation: 140 F. 713
• Parties: SANBO v. UNION PAC. COAL CO.
• Court: U.S. Court of Appeals — Eighth Circuit

140 F. 713

SANBO v. UNION PAC. COAL CO.

No. 2,158.

United States Court of Appeals, Eighth Circuit.

September 14, 1905

In Error to the Circuit Court of the United States for the District of Colorado.

See 130 F. 52.

COURTS-- JURISDICTION OF FEDERAL COURT-- AVERMENT OF CITIZENSHIP.

An averment of the residence of a plaintiff is not equivalent to one of citizenship, and does not give a Circuit Court jurisdiction, where it is dependent on diversity of citizenship.

A. L. Doud (A. J. Fowler, on the brief), for plaintiff in error.

Clayton C. Dorsey (William V. Hodges and W. R. Kelly, on the brief), for defendant in error.

Before SANBORN, Circuit Judge, and PHILIPS and CARLAND, District judges.

PER CURIAM.

The jurisdiction of the court below depends upon the citizenship of the parties, in this case, and there was a judgment upon the merits against the plaintiff. There is an averment in the complaint that the plaintiff is a resident, but no allegation that he is a citizen of any state. The judgment is reversed upon the ground that the Circuit Court had no jurisdiction of the action, and the case is remanded to that court, with instructions to allow or to refuse to allow an amendment in this particular, in its discretion, with the costs of this court and of the court below against the plaintiff, upon the authority of Yocum v. Parker, 130 F. 770, 66 C.C.A. 80; Id., 134 F. 205, 67 C.C.A. 227; Robertson v. Cease, 97 U.S. 646, 650, 24 L.Ed. 1057; Menard v. Goggan, 121 U.S. 253, 7 Sup.Ct. 873, 30 L.Ed. 914; Horne v. Hammond, 155 U.S. 393, 15 Sup.Ct. 167, 39 L.Ed. 197.