JONES v. CONSOLIDATED WAGON & MACHINE CO.

No. 676.

31 F.2d 383 (1929)

JONES v. CONSOLIDATED WAGON & MACHINE CO.

District Court, D. Idaho, S. D.

February 11, 1929.


Attorney(s) appearing for the Case

Jones, Pomeroy & Jones, of Pocatello, Idaho, and Wilson S. Wiley and Caleb Jones, both of Klamath Falls, Or., for plaintiff.

Jesse R. S. Budge, of Salt Lake City, Utah, and Clency St. Clair, of Idaho Falls, Idaho, for defendant.


CAVANAH, District Judge.

Defendant urges again by its demurrer to the amended complaint that this court is without jurisdiction in the first instance, where jurisdiction is founded upon diversity of citizenship, as section 51 of the federal Judicial Code (28 USCA § 112) provides that, where jurisdiction is claimed on diversity of citizenship, the suit shall be brought only in the district of the residence of either plaintiff or defendant.

The demurrer...

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