United States Supreme Court Cases & Opinions

U.S. Supreme Court

C. H. Nichols Lumber Co. v. Franson, 203 U.S. 278 (1906)

C. H. Nichols Lumber Company v. Franson

No. 30

Argued October 17, 1906

Decided December 3, 1906

203 U.S. 278

Syllabus

A declaration that plaintiff is a resident of a state of the Union and a citizen of a foreign country under a monarchical form of government is sufficient to show the meaning of the pleader and the nationality of the plaintiff, and there is no merit in an objection to the jurisdiction of the circuit court, diverse citizenship existing, because plaintiff was not a citizen, but a subject of the foreign power.

While under the Judiciary Act of 1891, in case of direct review on question of jurisdiction, when the record does not otherwise show how the question was raised, the certificate of the Circuit Court may be considered for the purpose of supplying such deficiency, when the elements necessary to decide the question are in the record, the better practice, in every case of direct review on question of jurisdiction, is to make apparent on the record by a bill of exceptions or other appropriate mode the fact that the question of jurisdiction was raised and passed on, and also the elements upon which the question was decided.

The facts are stated in the opinion.

Page 203 U. S. 280