U.S. Supreme Court
Timmons v. Elyton Land Co., 139 U.S. 378 (1891)
Timmons v. Elyton Land Company
Submitted March 2, 1891
Decided March 30, 1891
139 U.S. 378
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE NORTHERN DISTRICT OF ALABAMA.
In this case, the complaint described the defendant as a corporation chartered under the laws of Alabama and doing business in that state, one of the plaintiffs as a "resident" in North Carolina, and two other plaintiffs as "residents" in South Carolina. An amendment added twelve plaintiffs with no averments as to citizenship. As the jurisdiction depended upon citizenship, held that the circuit court was without jurisdiction.
Motion to dismiss or affirm. The case is stated in the opinion.