Wolfe v. Hartford Life & Annuity Insurance
Wolfe v. Hartford Life and Annuity Insurance Company
Syllabus
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion
The Chief Justice :
The complaint in this case avers that the plaintiff was at the several times mentioned therein, “ and ever since has been and still is, a resident of the city, county and State of New York,” but his citizenship is nowhere dis-t closed by the record.
It is essential in cases where the jurisdiction depends upon the citizenship of the parties that such citizenship, or the facts which in legal intendment constitute it, should be distinctly arid positively averred in the pleadings, or should appear with equal distinctness in other parts of the record. It is not sufficient that jurisdiction may be inferred argumentatively from the averments.
Brown v. Keene, 8 Pet. 112, 115 ;
Continental Ins. Co.
v. Rhoads, 119 U. S. 237 ;
Menard v. Goggan, 121 U. S. 253 .
Judgment reversed at the cost of plaintiff in error and the canse remoulded for further proceedings.
How later courts describe this case
Explanatory parentheticals written by citing courts — 7 in all; the most informative distinct ones are shown.
-
(reversing lower court’s judgment for want of jurisdiction because, while plaintiff averred he was “a resident” of New York, “his citizenship [wa]s nowhere disclosed”)
Cited by 53 cases
View all citing references →Relies on it most ⓘ
- Mas v. Perry
- Kelleam v. Maryland Casualty Co. of Baltimore
- John Birch Society v. National Broadcasting Co.
- Stadtmuller v. Miller
- Angelo Guerrino, Philip Deodati, Dr. A. P. Engemi, Albert J. Guerra, E. B. Fleming Company v. Ohio Casualty Insurance Company
- Leveraged Leasing Administration Corp. v. Pacificorp Capital, Inc.
Most recent
- Linda Louise Clary, also known as Linda Clary Umberger, individually and on behalf of The Estate of John Anthony Clary Umberger (deceased) v. Christian Advocates Serving Evangelism, Inc., American Center for Law and Justice, Inc., 34 East 61 Street, LLC, Jay Sekulow, and Jordan Sekulow
- John A. Mansour v. Morgan Stanley; Morgan Stanley & Co. LLC; and Morgan Stanley Smith Barney LLC
- Espinoza v. Warner Music Group Corp.
- Brooks v. Hyster-Yale Group, Inc.
- Gierczyk v. Olympus Peak Trade Claims Opportunities Fund I Non-ECI Master LP
- Cahill v. Cahill-Vieira
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.