5th Circuit Court of Appeals
489 F.2d 1396
FACTS
French guy and girl w/ Mississippi citizenship get married. They return to their home in Louisiana. Defendant, who they rent apt. from, has two way mirrors and is spying on them. They sue.
PROCEDURE
Plaintiffs are appealing lower court dismissal after jurisdictional objection over plaintiffs' citizenship. The lower court found that the plaintiffs were domiciled in Louisiana, so they could not invoke diversity jurisdiction to sue the defendant in federal court.
ISSUE
Whether the plaintiffs should be considered domiciled in Mississippi.
HOLDING
Wife was domiciled in Mississippi. In order to change domicile, one must change residence and intend to remain in the new location. She moved to Louisiana but, since she has no intent to remain there, she retains her Mississippi citizenship. Therefore, she can properly invoke diversity jurisdiction. The court also refused to extend the rule that the wife takes the husband's domicile, since it should not apply when the husband is not a US citizen.
A foreign alien who has not become domiciled in any state in the US is exempt from the diversity citizenship rule. Therefore, the husband can invoke diversity jurisdiction.
489 F.2d 1396
FACTS
French guy and girl w/ Mississippi citizenship get married. They return to their home in Louisiana. Defendant, who they rent apt. from, has two way mirrors and is spying on them. They sue.
PROCEDURE
Plaintiffs are appealing lower court dismissal after jurisdictional objection over plaintiffs' citizenship. The lower court found that the plaintiffs were domiciled in Louisiana, so they could not invoke diversity jurisdiction to sue the defendant in federal court.
ISSUE
Whether the plaintiffs should be considered domiciled in Mississippi.
HOLDING
Wife was domiciled in Mississippi. In order to change domicile, one must change residence and intend to remain in the new location. She moved to Louisiana but, since she has no intent to remain there, she retains her Mississippi citizenship. Therefore, she can properly invoke diversity jurisdiction. The court also refused to extend the rule that the wife takes the husband's domicile, since it should not apply when the husband is not a US citizen.
A foreign alien who has not become domiciled in any state in the US is exempt from the diversity citizenship rule. Therefore, the husband can invoke diversity jurisdiction.