Hennessy v. Richardson Drug Co. - 189 U.S. 25 (1903)
U.S. Supreme Court
Hennessy v. Richardson Drug Co., 189 U.S. 25 (1903)
Hennessy v. Richardson Drug Company
Argued March 12, 1903
Decided March 23, 1903
189 U.S. 25
An averment in a bill that the complainants are "all of Cognac in France, and citizens of the Republic of France," is sufficient to give the Circuit Court of the United States for Nebraska jurisdiction in a controversy where the defendants are citizens of Nebraska. No averment of alienage is necessary.
Where the circuit court dismisses a bill on the ground that it has no jurisdiction because diversity of citizenship did not appear, and certifies this question of jurisdiction, that is the only question for the consideration of this Court on an appeal under the first subdivision of section 5 of the Judiciary Act of March 3, 1891, and if jurisdiction is found to exist, the case will be remanded to be heard on the merits notwithstanding the circuit court also expressed the opinion that the bill was without equity.
The case is stated in the opinion of the Court.