SPURGEON v. MISSION STATE BANK

No. 1453.

55 F.Supp. 305 (1943)

SPURGEON v. MISSION STATE BANK.

District Court, W. D. Missouri, W. D.

May 26, 1943.


Attorney(s) appearing for the Case

Johnson & Garnett, of Kansas City, Mo., for plaintiff.

Edward S. North and Herschel Washington, both of Kansas City, Mo., for defendant.


REEVES, District Judge.

The question for decision in this case is whether the plaintiff, a minor nearly nineteen years of age, was capable under the law of choosing a residence or domicile different from that of his parents. If so, and if a choice had actually been made, then a diversity of citizenship does not exist and the case should be remanded to the court of its origin. Otherwise, jurisdiction should be retained.

The minor's mother and stepfather reside...

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