Cooper v. Newell

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF'TEXAS. Trespass to try title. The premises in dispute were alleged in the plaintiff’s petition to be “ of the value of fifty thousand dollars.” The allegations therein respecting the citizenship of the parties were as.follows: “ The petition of Stewart Newell, a resident citizen of the city of New York, in the State of ■New York, hereinafter styled plaintiff, complaining of Eliza Cooper, B. P. Cooper, and Fannie Westrope, all residents of Galveston County, in the State of Texas, and hereinafter styled defendants.” No other allegations on this point were made below, and no question of jurisdiction was raised there. Verdict and judgment for plaintiff. Defendant sued out this writ of error. In his brief, filed, in this court, the counsel for the plaintiffs in error said: “We here assign, as ground for reversal, the further error that- the court had no jurisdiction of the cause, in that the citizenship of the defendants is not disclosed by the record. The petition complains of defendants ‘ all residents of Galveston County, in the State of Texas.’ Nothing further on the subject'is reflected by the record.”