AUTEN v. UNITED STATES NATIONAL BANK

No. 206.

174 U.S. 125 (1899)

19 S.Ct. 628

43 L.Ed. 920

AUTEN, v. UNITED STATES NATIONAL BANK OF NEW YORK.

Supreme Court of United States.

Decided April 24, 1899.


Attorney(s) appearing for the Case

Mr. Sterling R. Cockrill for plaintiff in error.

Mr. John Fletcher for defendant in error. Mr. W.C. Ratcliffe was on his brief.


MR. JUSTICE McKENNA, after making the above statement, delivered the opinion of the court.

1. To sustain the motion to dismiss, it is contended that the jurisdiction of the case depends on diversity of citizenship, and hence that the judgment of the Circuit Court of Appeals is final. But one of the defendants (plaintiff in error), though a citizen of a different State from the plaintiff in the action (defendant in error)...

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