Kinney v. Mitchell
This text of 138 F. 270 (Kinney v. Mitchell) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Both the plaintiff and defendant in this case are residents and citizens of the same state and district. The cause of action is ex delicto or of a mixed character of contract and tort arising under the laws of Pennsylvania.. There is nothing in the subject-matter of the suit to give the federal court jurisdiction, and there is no diverse citizenship to bring it in this court, and, not having jurisdiction, it is the duty, as indicated by the Circuit Court of Appeals in this district in this particular case (136 Fed. 773), to proceed no further, but to dismiss the suit; and it is so ordered.
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Cite This Page — Counsel Stack
138 F. 270, 14 Pa. D. 392, 1905 U.S. App. LEXIS 4609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinney-v-mitchell-circtedpa-1905.