United States Supreme Court Cases & Opinions

U.S. Supreme Court

Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377 (1904)

Sun Printing & Publishing Association v. Edwards

No. 239

Argued April 20, 1904

Decided May 16, 1904

194 U.S. 377

Syllabus

An allegation in the complaint, which is admitted by the answer that defendant is a domestic corporation duly organized and existing under the laws of a designated state and having its principal office therein is a sufficient averment as to defendant's citizenship.

In determining, on certified question of jurisdiction from the circuit court of appeals, whether diverse citizenship exists, the whole record may be looked to for the purpose of curing a defective averment, and if the requisite citizenship is anywhere averred in the record, or facts are therein stated which in legal intendment constitute .such allegation, that is sufficient.

Where the court is satisfied, in the light of all the testimony, that an averment of residence in a designated state was intended to mean, and, reasonably construed must be interpreted as averring, that plaintiff was a citizen. of that state, it is sufficient.

The facts, which involved the sufficiency of averments and

proof of diverse citizenship to maintain the jurisdiction of the United States Circuit Court, are stated in the opinion of the court.

Page 194 U. S. 379