Miller & Lux, Inc. v. East Side Canal & Irrig. Co., 211 U.S. 293 (1908)

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Miller & Lux, Incorporated v.

East Side Canal & Irrigation Company
No. 518

Submitted October 13, 1908
Decided December 7, 1908
211 U.S. 293

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

Syllabus

While jurisdiction of the circuit court exists even if complainant’s motive in acquiring citizenship was to invoke that jurisdiction, the citizenship must be real and actually acquired with the purpose of establishing a permanent domicil. Morris v. Gilmer, 129 U.S. 315.

Where the complainant corporation was organized for the sole purpose of invoking the jurisdiction of the circuit court, and any decree in its favor would be really under the control, and for the benefit of, another corporation of the same state as defendant, the suit should be dismissed as one in which the complainant was collusively so organized for the purpose of creating a case cognizable in the circuit court within the meaning of § 5 of the Act of March 3, 1875, c. 137, 1 Stat. 470, 472. Lehigh Mining & Manufacturing Co. v. Kelly, 160 U.S. 327.

The facts are stated in the opinion.