People ex rel. Vincent v. National Surety Corp.

Sixth Circuit

People ex rel. Vincent v. National Surety Corp.

147 F.2d 997, 1945 U.S. App. LEXIS 2217

CourtCourt of Appeals for the Sixth Circuit

DecidedFebruary 19, 1945

DocketNo. 9886

StatusPublished

This text of 147 F.2d 997 (People ex rel. Vincent v. National Surety Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People ex rel. Vincent v. National Surety Corp., 147 F.2d 997, 1945 U.S. App. LEXIS 2217 (6th Cir. 1945).

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Opinion

PER CURIAM.

It appearing that the cause was below dismissed because of lack of diversity of citizenship, and is submitted here on appeal on an agreed statement of facts, limited to excerpts from the pleadings', and it appearing from the record that the citizenship of Vincent, plaintiff, is in the complaint asserted to be in Indiana while the answer in denial asserts he is a citizen of Michigan, and it also appearing that there are no proofs, by affidavit or oral testimony, relating to the issue, and no finding thereon by the District Judge, and it also appearing that the oral statement of the appellant as to Vincent’s citizenship upon which appellee relies in support of the order is not preserved of record, so that we are unable to determine, whether the judge was right or wrong, it is hereby ordered that the dismissal be set aside and the case remanded to the District Court for a determination of the jurisdictional issue, either upon appropriate proofs, or upon concessions of counsel properly preserved, and with-an appropriate finding thereon as to plaintiff’s citizenship.

Reversed and remanded.

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PER CURIAM.

It appearing that the cause was below dismissed because of lack of diversity of citizenship, and is submitted here on appeal on an agreed statement of facts, limited to excerpts from the pleadings', and it appearing from the record that the citizenship of Vincent, plaintiff, is in the complaint asserted to be in Indiana while the answer in denial asserts he is a citizen of Michigan, and it also appearing that there are no proofs, by affidavit or oral testimony, relating to the issue, and no finding thereon by the District Judge, and it also appearing that the oral statement of the appellant as to Vincent’s citizenship upon which appellee relies in support of the order is not preserved of record, so that we are unable to determine, whether the judge was right or wrong, it is hereby ordered that the dismissal be set aside and the case remanded to the District Court for a determination of the jurisdictional issue, either upon appropriate proofs, or upon concessions of counsel properly preserved, and with-an appropriate finding thereon as to plaintiff’s citizenship.

Reversed and remanded.

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Bluebook (online)

147 F.2d 997, 1945 U.S. App. LEXIS 2217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-vincent-v-national-surety-corp-ca6-1945.