Morris v. Gilmer
129 U.S. 315 (1889)

Annotate this Case

U.S. Supreme Court

Morris v. Gilmer, 129 U.S. 315 (1889)

Morris v. Gilmer

No. 1150

Submitted January 2, 1889

Decided January 28, 1889

129 U.S. 315

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE MIDDLE DISTRICT OF ALABAMA

Syllabus

When the record discloses a controversy of which a circuit court cannot properly take cognizance, its duty is to proceed no further and to dismiss the suit, and its failure or refusal to do so is an error which this Court will correct of its own motion, when the case is brought before it for review.

It appearing from the evidence in this record that the sole object of the plaintiff in removing to the State of Tennessee was to place himself in a situation to invoke the jurisdiction of the circuit court of the United States, and that he had no purpose to acquire a domicil or settled home there, and no question of a federal nature being presented to give jurisdiction

Page 129 U. S. 316

independently of the citizenship of the parties, the court below should have dismissed the case.

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