CORINNE ANNE STAIGG NEAGLE, APPELLANT,
v.
RUTH DALTON JOHNSON, HARVEY BAILIE AND LIZZIE BAILIE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that diversity jurisdiction existed despite an initial omission in the pleadings, and affirmed the lower court's decision.
The parties filed cross-motions for summary judgment in an action to quiet title. The district court granted summary judgment for the defendants. The …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Amended Pleadings cases and more on FLexlaw
PER CURIAM.
This is an action to quiet title. Jurisdiction in the federal courts was based upon diversity of citizenship and the amount involved. It was tried to the court without a jury. Motions for summary judgment were filed by each of the parties. The District Court granted the defendants’ motion for summary judgment. This appeal followed.
The complaint and other pleadings allege diversity of residence instead of diversity of citizenship. That omission was first noticed at the time of the argument in this court. We are, however, convinced, from a consideration of the record as a whole, from the stipulations of counsel for the respective parties, and from amended pleading filed in this court, that diversity of citizenship did, in fact, exist, establishing jurisdiction in the federal courts. Accordingly, we feel justified in accepting the pleadings as having been amended to conform with the facts. See, Burkhardt v. Bates, 8 Cir., 1962, 296 F. 2d 315, 316; National Farmers Union Property & Casualty Co. v. Fisher, 8 Cir., 1960, 284 F. 2d 421, 423; Texaco-Cities Service Pipe Line Co. v. Aetna Casualty & Surety Co., 8 Cir., 1960, 283 F. 2d 144, 145.
Judge Regan, in his opinion reported at 261 F.Supp. 634, has very carefully analyzed and correctly determined the issues involving Missouri law in this case. We are in accord with the opinion as published, adopt it, and on the basis thereof this case is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Vargas v. McNAMARA, 608 F.2d 15 (1st Cir. 1979)
Authorities Cited
- Texaco-Cities Serv. Pipe Line Co. & Clell Hedgpeth & Frank Stewart v. AETNA Cas. & Sur. Co., 283 F.2d 144 (8th Cir. 1960)
- Nat'l Farmers Union Prop. & Cas. Co. v. Fisher, 284 F.2d 421 (8th Cir. 1960)
- Burkhardt v. Bates, 296 F.2d 315 (8th Cir. 1961)