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Mecom v. Fitzsimmons Drilling Co., Inc., 284 U.S. 183 (1931)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Mecom v. Fitzsimmons Drilling Co., Inc., 284 U.S. 183 (1931)
Mecom v. Fitzsimmons Drilling Co., Inc. No. 32 Argued October 22, 23, 1931 Decided November 23, 1931 284 U.S. 183
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE TENTH CIRCUIT
Syllabus
1. Where, under a statute giving a right to recover for death by wrongful act, the administrator, if one is appointed, is required to bring the suit, is charged with responsibility for its conduct or settlement and the distribution of its proceeds to the persons entitled under the statute, and is liable upon his official bond for failure to act with diligence and fidelity, he is the real party in interest, and his citizenship, rather than that of the beneficiaries, is looked to in determining whether the suit is removable to the federal court. P. 186.
2. In the case of suits by administrators to recover for death by wrongful act, the same rule as to federal jurisdiction on the ground of diversity of citizenship applies whether the statute provides that the amount recovered shall be for certain relatives of the decedent or be general assets of the estate. Id.
3. Statutes of Oklahoma make the administrator (if there be one) the trustee of an express trust, and require suit to recover for death by wrongful act to be brought and controlled by him. Comp.Stats., Okla., 1921, § 824. Id.
4. In determining the right to remove to the federal court an action brought by an administrator who was regularly appointed by a state probate court, the appointment cannot be attacked collaterally, nor the removal be sustained, upon the ground that his selection was brought about by collusion between him, his predecessor, and an attorney for the purpose of preventing removal by reason of his citizenship. P. 189.
47 F.2d 28 reversed.
Certiorari, 283 U.S. 815, to review a judgment affirming a judgment against the administrator in a suit to recover for a death by wrongful act. The case is stated fully in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Mecom v. Fitzsimmons Drilling Co., Inc., 284 U.S. 183 (1931) in 284 U.S. 183 284 U.S. 184. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=KTDMP1PFD9LA6CG.
MLA: U.S. Supreme Court. "Syllabus." Mecom v. Fitzsimmons Drilling Co., Inc., 284 U.S. 183 (1931), in 284 U.S. 183, page 284 U.S. 184. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KTDMP1PFD9LA6CG.
Harvard: U.S. Supreme Court, 'Syllabus' in Mecom v. Fitzsimmons Drilling Co., Inc., 284 U.S. 183 (1931). cited in 1931, 284 U.S. 183, pp.284 U.S. 184. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=KTDMP1PFD9LA6CG.
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