by John Marshall Harlan

“ Does the bill sufficiently aver that the Board of Trustees of Ohio State University is a corporation of the state of Ohio, or does it aver facts which, in legal intendment, constitute said body a corporation of the state of Ohio, within the rule that a suit by or against a corporation in a court of the United States is conclusively presumed, for the purpose of litigation, to be one by or against citizens of the state creating the corporation? ”

“ It is equally well established that when jurisdiction depends upon diverse citizenship the absence of sufficient averments or of facts in the record showing such required diversity of citizenship is fatal and cannot be overlooked by the court, even if the parties fail to call attention to the defect, or consent that it may be waived. ”

“ The demurrer was sustained, and the bill dismissed,-the decree reciting that neither the plaintiff nor the defendant Folsom had any title or interest in the lands described in the bill, or in the rents or profits thereof, but that the same belonged to the Board of Trustees of the Ohio State University. Folsom entered his appearance in circuit court, but made no defense, nor was any decree taken by default against him. ”