Supreme Court of the United States May 2, 1904, 229 (Raphael v. Trask)

Mr. Justice Day,

after making the foregoing statement,delivered the opinion of the court.

The Circuit Court sustained the plea,of the defendants upon two grounds; 1, that the suit could not be maintained for want of the required diversity of citizenship; and, 2, that'it could' not be maintained as an ancillary or dependent proceeding for want of proper averments to bring the case within that