Chicago v. Mills - 204 U.S. 321 (1907)
U.S. Supreme Court
Chicago v. Mills, 204 U.S. 321 (1907)
Chicago v. Mills
Submitted December 21, 1906
Decided February 4, 1907
204 U.S. 321
Although the certificate of the circuit court may not state exactly how the jurisdictional question certified arose, this Court can ascertain it from the record, together with the opinion of the court below made a part thereof.
The jurisdiction of the circuit court must be determined with reference to the attitude of the case at the date of the filing of the bill.
When a citizen of one state has a cause of action against a citizen of another state which he may lawfully prosecute in a federal court, his motive in preferring a federal tribunal, in the absence of fraud and collusion, is immaterial.
If it does not appear that there was any collusion within the meaning of the ninety-fourth rule in equity for the purpose of conferring jurisdiction, not otherwise existing, on the circuit court of the United States, that court does not lose its jurisdiction of a suit brought by a nonresident stockholder, after request to and refusal by the corporation, to enjoin
the enforcement of an ordinance against the corporation, and of which the court would not have had jurisdiction had the corporation been complainant, because subsequent events make it to the interest of the corporation and its officer to make common cause with the complainant stockholder. An admission by complainant that he expected the action to be brought in the United States court does not necessarily show collusion to confer jurisdiction.
In this case, held on the facts that no collusion between the stockholder bringing the suit and the corporation refusing to bring it was shown that deprived the circuit court of jurisdiction thereover.
143 F. 430 affirmed.
The facts are stated in the opinion.