United States Supreme Court Cases & Opinions

U.S. Supreme Court

Chicago & Northwestern Ry. Co. v. Ohle, 117 U.S. 123 (1886)

Chicago & Northwestern Railway Company v. Ohle

Submitted January 25, 1886

Decided March 1, 1886

117 U.S. 123

Syllabus

A citizen of one state who in good faith gives up his residence there, goes to another state, and takes up a permanent residence therein, loses his former citizenship and acquires citizenship in the new place of domicil.

On the facts in this case, the court properly left it to the jury, and by proper instructions, to decide whether the defendant in error had acquired a citizenship in Illinois, and if so when that citizenship was acquired.

An affidavit made by an officer of a railway company on information and belief as to the citizenship of the plaintiff, in a suit in a state court against the company, and filed therein for the purpose of requiring security for costs, is admissible against the company in an issue made in the circuit court of the United States after removal of the cause there, on the motion of the plaintiff to have it remanded.

The facts which make the case are stated in the opinion of the Court.