Horne v. George H. Hammond Company/Opinion of the Court

by Melville Fuller

United States Supreme Court

155 U.S. 393

Horne  v.  George H. Hammond Company

The title of this cause describes plaintiff in error as 'of Chelsea, in said district,' and the decedent as 'late of Chelsea,' and the defendant as 'a corporation organized under the laws of the state of Michigan.' The writ and the original declaration do not appear in the record. The amended declaration commences thus: 'Plaintiff says that she is the widow of the late Granville P. Horne, of Chelsea, Suffolk county, commonwealth of Massachusetts, and that she was duly appointed by the probate court of Suffolk county administratrix of his estate.'

As the transcript of the record does not show that the circuit court had jurisdiction of the suit, which depended upon the citizenship of the parties, and counsel, upon having their attention called to the matter, have furnished nothing of record which would supply the defect, the judgment must be reversed, at the costs of plaintiff in error, and the cause be remanded to the circuit court for further proceedings. Robertson v. Cease, 97 U.S. 646, 649; Anderson v. Watt, 138 U.S. 694, 702, 11 Sup. Ct. 449; Timmons v. Land Co., 139 U.S. 378, 11 Sup. Ct. 585; Denny v. Pironi, 141 U.S. 121, 11 Sup. Ct. 966.

Ordered accordingly.

Notes