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In re Henry A. Cleland, Petitioner, 218 U.S. 120 (1910)

In re Henry A. Cleland, Petitioner

No. 12, Original

Argued April 4, 1910

Decided May 31, 1910

218 U.S. 120


Where the circuit judge certifies that he is satisfied that the suit involves a controversy within the jurisdiction of the circuit court, mandamus will not issue to compel him to dismiss the case even if this Court differs with him in his conclusions of law.

Jurisdiction does not depend on motive. Although shares of stock may have been transferred to a nonresident to enable him to bring suit in the federal court, if it appears from the record that he is the absolute owner of properly issued shares exceeding $2,000 in value, jurisdiction exists.

Jurisdiction of a suit to wind up a corporation having once properly attached, a receiver appointed, and creditors, as between whom and the corporation diverse citizenship exists and the requisite amount is involved, joined as parties, the jurisdiction cannot be subsequently defeated by denials in ex parte affidavits of the jurisdictional facts.

The facts are stated in the opinion.

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