Steigleder v. McQuesten

The bill filed in the circuit court by the plaintiff, McQuesten, alleged her to be 'a citizen of the United States and of the state of Massachusetts, and residing at Turner's Falls, in said state,' while the defendants, Steigleder and wife, were alleged to be 'citizens of the state of Washington, and residing at the city of Seattle, in said state.'

The object of the suit was to obtain a decree adjudging defendants to be trustees for the plaintiff in respect of certain real estate in King county, state of Washington. The defendants demurred to the bill for want of equity. The demurrer was overruled, and the defendants answered, without making any issue as to the citizenship of the parties, but denying the alleged trust, and averring that there had been a final settlement between the parties before the institution of the suit in respect of all the matters in dispute.

The cause was referred to a master, and, after proof was taken, the defendants moved the court to dismiss the suit for want of jurisdiction, the reason assigned in the motion being only that the plaintiff was, and for a long time prior to the commencement of the suit had been, a 'resident' of the state of Washington, which the defendants were 'residents' of the same state.

The motion to dismiss was denied, and the case went to a decree in favor of the plaintiff upon the merits.

The defendants were granted an appeal directly to this court, the question of jurisdiction being certified.

Messrs. John E. Humphries and George B. Cole for appellants.

Messrs. James B. Howe and George McKay for appellee.

Mr. Justice Harlan delivered the opinion of the court: