31 F.2d 383 | D. Idaho | 1929
Defendant urges again by its demurrer to the amended complaint that this court is without jurisdiction in the first instance, where jurisdieton 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 to the original complaint was sustained on the ground of lack of jurisdiction, and an analysis of the amended complaint shows that it is substantially the same as the original. It clearly appears that the plaintiff is a resident and citizen of
According to repeated decisions of the federal courts, a corporation cannot be considered a citizen and resident of a state in which it has not been incorporated, although it does business in that district, and has, in compliance with the laws of that state, consented to be sued in its courts and appointed an agent upon whom legal process against it may be served.
The defendant by its demurrer having seasonably asserted its privilege conferred by section 51 in objecting to the jurisdiction of the court over it, the demurrer must be sustained, .and the suit dismissed for want of jurisdiction.