New York & E. R. R. v. Shepard

U.S. Circuit Court for the District of Ohio

New York & E. R. R. v. Shepard

18 F. Cas. 141, 5 McLean 455

U.S. Circuit Court for the District of Ohio·Decided April 15, 1853·Published

Opinion

[142] OPINION OF

THE COURT.

The declaration states, the New York and Erie Railroad, doing business and resident in the state of New York, plaintiffs, complain, &c. The defendants demurred on the ground that there was no sufficient allegation of citizenship, to give jurisdiction to the court. Where a corporation of another state sues in this court, an allegation of citizenship is not now necessary, as was formerly required. The state where the corporation is located and in which its corporate functions are exercised, if alleged, is sufficient to give jurisdiction. The demurrer is overruled.

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[142] OPINION OF

THE COURT.

The declaration states, the New York and Erie Railroad, doing business and resident in the state of New York, plaintiffs, complain, &c. The defendants demurred on the ground that there was no sufficient allegation of citizenship, to give jurisdiction to the court. Where a corporation of another state sues in this court, an allegation of citizenship is not now necessary, as was formerly required. The state where the corporation is located and in which its corporate functions are exercised, if alleged, is sufficient to give jurisdiction. The demurrer is overruled.

New York & E. R. R. v. Shepard, 18 F. Cas. 141, 5 McLean 455 (circtdoh 1853).

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