Preferred Acc. Ins. Co., of New York v. Barker

Fifth Circuit

Preferred Acc. Ins. Co., of New York v. Barker

88 F. 814, 32 C.C.A. 124, 1898 U.S. App. LEXIS 2114

Court of Appeals for the Fifth Circuit·Decided April 12, 1898·No. No. 686·Published·Cited by 2 cases

Opinion

PER CURIAM.

The motion of counsel for defendant in error for leave to amend the petition filed in the court below by inserting that the plaintiff below was at the time that this suit was instituted, and is now, a citizen of the state of Louisiana, and the defendant was at that time, and is now, a citizen of the state of New York, is denied. The amendment proposed is one of substance, and presents an issuable fact, which cannot be traversed in this court. The motion presented is a confession of error; and as, upon an inspection of the record, the jurisdiction of the circuit court does not appear, it is ordered and adjudged that the judgment of the circuit court be, and the same is, reversed, and the cause is remanded, with instructions to dismiss the suit, unless, by a proper amendment, the jurisdiction of the circuit court shall be made to appear.

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PER CURIAM.

The motion of counsel for defendant in error for leave to amend the petition filed in the court below by inserting that the plaintiff below was at the time that this suit was instituted, and is now, a citizen of the state of Louisiana, and the defendant was at that time, and is now, a citizen of the state of New York, is denied. The amendment proposed is one of substance, and presents an issuable fact, which cannot be traversed in this court. The motion presented is a confession of error; and as, upon an inspection of the record, the jurisdiction of the circuit court does not appear, it is ordered and adjudged that the judgment of the circuit court be, and the same is, reversed, and the cause is remanded, with instructions to dismiss the suit, unless, by a proper amendment, the jurisdiction of the circuit court shall be made to appear.

Preferred Acc. Ins. Co., of New York v. Barker, 88 F. 814, 32 C.C.A. 124, 1898 U.S. App. LEXIS 2114 (5th Cir. 1898).

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88 F. 814 (Preferred Acc. Ins. Co., of New York v. Barker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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