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STEVENS v. NICHOLS

No. 190.

130 U.S. 230 (1889)

STEVENS v. NICHOLS.

Supreme Court of United States.

Decided April 1, 1889.

Attorney(s) appearing for the Case

Mr. A.H. Garland and Mr. James Carr for plaintiff in error.

Mr. George P.B. Jackson for defendant in error.

MR. JUSTICE HARLAN delivered the opinion of the court.

1. It was held in Robertson v. Cease, 97 U.S. 646, 649, upon writ of error from a Circuit Court of the United States, that "in cases where jurisdiction depends upon the citizenship of the parties, such citizenship, or the facts which in legal intendment constitute it, should be distinctly and positively averred in the pleadings, or they should appear affirmatively...

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