US SUPREME COURT DECISIONS

To give a circuit court of the United States jurisdiction on the ground of diverse citizenship, the facts showing the requisite diverse citizenship must appear in such papers as properly constitute the record of the case.

The refusal by the trial court, during the progress of the trial, of leave to file a plea on the question of the plaintiff's citizenship and to permit issue chanrobles.com-red

Page 149 U. S. 195

to be joined thereon is within the discretion of that court, and is not reviewable here.

A person in charge of a joint railroad warehouse in a railroad center in Texas, the property of one of several companies which unite in bearing the expense of maintaining it and in selecting its employs and in controlling its expenses, who makes no contracts and handles no moneys on behalf of another railroad centering there, but not participating in the selection of the employees and in controlling expenses, and who is not on the payroll of the latter company, is not its "local agent" upon whom process may be served under the provisions of the statutes of that state (Sayles' Revised Civ.Stats. Art. 1223a).

The provisions of the Texas statutes which give to a special appearance, made to challenge the court's jurisdiction, the force and effect of a general appearance, so as to confer jurisdiction over the person of the defendant, are not binding upon federal courts sitting in that state, under the rule of procedure prescribed by the fifth section of the Act of June 1, 1872, as reproduced in Rev.Stat. § 914.

The case is stated in the opinion.