Sanbo v. Union Pac. Coal Co.

Eighth Circuit

Sanbo v. Union Pac. Coal Co.

140 F. 713, 72 C.C.A. 24, 1905 U.S. App. LEXIS 3957

CourtCourt of Appeals for the Eighth Circuit

DecidedSeptember 14, 1905

DocketNo. 2,158

StatusPublished

Cited by1 cases

This text of 140 F. 713 (Sanbo v. Union Pac. Coal Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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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Sanbo v. Union Pac. Coal Co., 140 F. 713, 72 C.C.A. 24, 1905 U.S. App. LEXIS 3957 (8th Cir. 1905).

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Opinion

PER CURIAM.

The jurisdiction of the court below depends upon the citizenship of the parties, in this case, and there was a judg[714]*714ment.upon the merits against the plaintiff. There is an averment in the complaint that the plaintiff is a resident, but no allegation that he is a citizen of any state. The judgment is reversed upon the ground that the Circuit Court had no jurisdiction of the action, and the case is remanded to that court, with instructions to allow or to refuse to allow an amendment in this particular, in its discretion, with the costs of this court and of the court below against the plaintiff, upon the authority of Yocum v. Parker, 130 Fed. 770, 66 C. C. A. 80; Id., 134 Fed. 205, 67 C. C. A. 227; Robertson v. Cease, 97 U. S. 646, 650, 24 L. Ed. 1057; Menard v. Goggan, 121 U. S. 253, 7 Sup. Ct. 873, 30 L. Ed. 914; Horne v. Hammond, 155 U. S. 393, 15 Sup. Ct. 167, 39 L. Ed. 197.

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PER CURIAM.

The jurisdiction of the court below depends upon the citizenship of the parties, in this case, and there was a judg[714]*714ment.upon the merits against the plaintiff. There is an averment in the complaint that the plaintiff is a resident, but no allegation that he is a citizen of any state. The judgment is reversed upon the ground that the Circuit Court had no jurisdiction of the action, and the case is remanded to that court, with instructions to allow or to refuse to allow an amendment in this particular, in its discretion, with the costs of this court and of the court below against the plaintiff, upon the authority of Yocum v. Parker, 130 Fed. 770, 66 C. C. A. 80; Id., 134 Fed. 205, 67 C. C. A. 227; Robertson v. Cease, 97 U. S. 646, 650, 24 L. Ed. 1057; Menard v. Goggan, 121 U. S. 253, 7 Sup. Ct. 873, 30 L. Ed. 914; Horne v. Hammond, 155 U. S. 393, 15 Sup. Ct. 167, 39 L. Ed. 197.

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Bluebook (online)

140 F. 713, 72 C.C.A. 24, 1905 U.S. App. LEXIS 3957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanbo-v-union-pac-coal-co-ca8-1905.

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