Civil Procedure

Brief

Mas v. Perry

Procedural History:

• Jury trial verdict for the plaintiffs.
• Defendant appealed.
• Affirmed.

Facts:

• Jean Paul Mas is a citizen of France
• His wife Judy Mas was a citizen of Jackson, Mississippi.
• Prior to their marriage they were both graduate assistants at LSU in Baton Rouge, Louisiana.
• Shortly after marriage they return back to Baton Rouge to finish their graduate work and lived there for 2 years before moving to Park Ridge, Illinois.
• At the time of the trial the two planned to move back to Baton Rouge so Mr. Mas could finish his doctorate and they were unsure where they would reside after that.
• The two had rented an apartment from Mr. Perry upon their return from marriage and would later discover the bedroom and bathroom contained a two way mirror and they had been watched during the early months of their marriage.
• At the end of the trial the appellant made an oral motion to dismiss for lack of jurisdiction.

Issue:

• Did the plaintiffs fail to prove diversity of citizenship?

Holding:

• No. Affirmed.

Reasoning:

• The general rule is that complete diversity of parties is required in order that diversity jurisdiction obtain; that is, no party on one side may be a citizen of the same State as any party on the other side.
• A person’s domicile is the place of his true, fixed and permanent home and principle establishment, and to which he has the intention of returning whenever he is absent therefrom.
  • Taking up residence in a different domicile with the intention to remain there.
• Mrs. Mas was a domiciliary of the State of Mississippi.
• While it is generally the case that the domicile of the wife—and, consequently, her State citizenship for purposes of diversity jurisdiction—is deemed to be that of her husband.