WEIR
v.
ROUNTREE

U.S. | 1910-02-28
No. 769
216 U.S. 607 Supreme Court of the United States (1910) Positive Treatment
Cited by 16 cases

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Synopsis

The Express Company filed suit to enjoin Mrs. Rountree from suing it, but the court dismissed the case for lack of jurisdiction due to absence of diversity of citizenship. When company officers then filed a second suit on the same claim, alleging diverse citizenship, the lower courts again dismissed it, and the Supreme Court affirmed, holding that the decree was final because federal jurisdiction depended entirely on the diversity allegations and could not be maintained once those allegations were disregarded.

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Opinion of the Court
Per Curiam,

Per Curiam,

Bill1 was filed by the express company to restrain Mrs. Rountree from bringing suit against the company, which was directed te be dismissed for want of jurisdiction because there was no-diversity of citizenship and no Federal ground for jurisdiction. Rountree v. Adams Express Co., 165 Fed. Rep. 152. From this decree no appeal was taken.

A second suit on the same alleged cause of action was then brought in the name of the officers of the company, Levi C. Weir and others, alleging their diverse citizenship. The second suit was dismissed by the Circuit Court and carried to the Circuit Court of Appeals for the Eighth Circuit, and the latter court affirmed the decree of the Circuit Court. Weir v. Rountree, 173 Fed. Rep. 776.

This'appeal was then prosecuted, but we are of opinion that it cannot be maintained. Colorado Central Consolidated Mining Co. v. Turck, 150 U. S. 138; Bagley v. General Fire Extinguisher Co., 212 U. S. 477. If the allegations which set up" diversity, of citizenship were stricken from the bill, the Federal court would have had no jurisdiction. Being relied on, the'decree of the Circuit Court of Appeals was final.

Appeal dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Roman Catholic Church of ST. Anthony of Padua v. The Pa. R.R. Co., 237 U.S. 575 (U.S. 1915)
    …uld yet remain in the complaint such averments as to the existence of rights under the Constitution and laws of the United States as would be adequate to sustain jurisdiction. Bagley v. General Fire Extinguisher Co., 212 U. S. 477; Weir v. Rountree, 216 U. S. 607; Shulthis v. McDougal, 225 U. S. 561; Hull v. Burr, 234 U. S. 712, 720. The cause of action relied upon was injury inflicted on the property of the complainant and wrong suffered by its officers and agents in their persons occasioned by a nuisance…
  • Gardiner Inv. Co. v. The Jackson Co., 239 U.S. 628 (U.S. 1915)
    …Per Curiam. Dismissed for want of jurisdiction upon the authority of Bagley v. General Fire Extinguisher Co., 212 U. S. 477; Weir v. Rountree, 216 U. S. 607; Shulthis v. McDougal, 225 U. S. 561; St. Anthony Church v. Pennsylvania R. R., 237 U. S. 575.…
  • W. H. Tolliver et ux. v. The Great N. Ry. Co., 223 U.S. 711 (U.S. 1911)
    …Per Curiam. Dismissed for the want of jurisdiction. Weir v. Rountree, 216 U. S. 607, and cases cited.…

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