Smith v. Lyon
133 U.S. 315 (1890)

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U.S. Supreme Court

Smith v. Lyon, 133 U.S. 315 (1890)

Smith v. Lyon

No. 1164

Submitted January 6, 1890

Decided February 3, 1890

133 U.S. 315

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF MISSOURI

Syllabus

Under the Act of March 3, 1887, 24 Stat. 552, c. 373, as amended by the Act of August 13, 1888, 25 Stat. 433, c. 552, a circuit court of the United States has not jurisdiction on the ground of diverse citizenship if there are two plaintiffs to the action who are citizens of and residents in different states and the defendant is a citizen of and resident in a third state and the action is brought in the state in which one of the plaintiffs resides.

This action was dismissed by the court below for want of jurisdiction, to which judgment the plaintiffs below sued out this writ of error. The case is stated in the opinion.

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