Everhart v. Huntsville College
120 U.S. 223 (1887)

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U.S. Supreme Court

Everhart v. Huntsville College, 120 U.S. 223 (1887)

Everhart v. Huntsville College

Argued January 20, 1887

Decided January 31, 1887

120 U.S. 223

Syllabus

An averment that the complainant in a bill of equity "resides" in a state is not an averment that he is a citizen of the state, so as to give a circuit court of the United States jurisdiction over the subject matter by reason of citizenship of the parties.

When the jurisdiction of a circuit court depends upon the citizenship of the parties, and that court takes jurisdiction and renders judgment, and the record in this Court in error or on appeal fails to show the requisite citizenship, the judgment will be reversed and the case remanded by this Court on its own motion, and the party in default adjudged to pay costs here.

These two causes were argued and submitted together. The case is stated in the opinion of the Court.

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