Houston v. Filer & Stowell Co.
This text of 104 F. 163 (Houston v. Filer & Stowell Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The diverse citizenship necessary to the jurisdiction of the circuit court is not shown in this record, and for that reason, without regard to other questions, the judgment rendered must be reversed, but it will be with leave to the defendant in error to amend the declaration so as to show the necessary jurisdictional facts. Hotel Co. v. Jones, 177 U. S. 449, 20 Sup. Ct. 690, 44 L. Ed. 842. It is therefore ordered that the judgment be reversed, and the cause remanded, with direction that, on payment of the costs of the trial bad, the plaintiff be allowed to amend the declaration, and that, in default of an amendment showing a case within the jurisdiction of the circuit court, the cause shall be dismissed, at the cost of the plaintiff, without prejudice to another action in a court of competent jurisdiction. Tbe plaintiff in error shall recover the costs of fire appeal.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
104 F. 163, 43 C.C.A. 457, 1900 U.S. App. LEXIS 3897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-v-filer-stowell-co-ca7-1900.