Moffat v. Soley
U.S. Circuit Court for the District of Southern New York
At law. On the argument, R. Sedgwick, for plaintiffs, made the following points: I. The act of congress ought, if possible, to be so construed as to confer the whole jurisdiction authorized by the constitution. II. All the clauses of the eleventh section of the judiciary act, taken together, should be so construed as to effect this object III. The third clause of the act was intended to prevent writs being served in one district and returnable in another.
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At law. On the argument, R. Sedgwick, for plaintiffs, made the following points: I. The act of congress ought, if possible, to be so construed as to confer the whole jurisdiction authorized by the constitution. II. All the clauses of the eleventh section of the judiciary act, taken together, should be so construed as to effect this object III. The third clause of the act was intended to prevent writs being served in one district and returnable in another. The fourth clause was intended to authorize a trial between citizens of different states, wherever or in whatever district the defendant…
1Opinion of the Court
THOMPSON, Circuit Justice.
The-single question in this case is whether this court has jurisdiction of the cause. One of the plaintiffs is alleged to be a citizen of the state of Georgia, and the other a citizen of New York; and the defendant is avowed to be a citizen of Massachusetts, but arrested, of course, in the state of New York.2 By the constitution of the United States, the-judicial power is declared to extend, among other cases, “to controversies between citizens of different states.” By the judiciary act of 1789 (eleventh section), jurisdiction is given to the circuit court when the…
2Cases cited5 opinions
- In re FergusonNew York Supreme Court · 1812
- Griswold v. SedgwickNew York Supreme Court · 1828
- People v. GodfreyNew York Supreme Court · 1819
- Coffin v. TracyNew York Supreme Court · 1805
- United States v. DodgeNew York Supreme Court · 1817
3Cited by4 opinions
- Case of the Sewing MacHine CompaniesSupreme Court of the United States · 1874
- Slemmer's AppealSupreme Court of Pennsylvania · 1868
- Foulk v. GrayU.S. Circuit Court for the District of West Virginia · 1902
- Lovejoy v. Hartford Fire Ins.District Court, N.D. Illinois · 1882