Legal Opinion

Drake v. Goodridge

U.S. Circuit Court for the District of Southern New York

Decided June 2, 1868PublishedCited by 7 opinions

In equity. This was a petition by two persons, Morgan and Gooch, to be made parties to the suit, which was a bill filed by aliens against citizens of the state of New York. The application was opposed by the plaintiffs [James Drake and others].

1Opinion of the Court

BLATCHFORD, District Judge.

As the plaintiffs are stated in the bill to be aliens, and Morgan and Gooch are not stated to be citizens of the state of New York, to make Morgan and Gooch defendants to the suit, would oust the jurisdiction of the court. Consent cannot confer jurisdiction. The act of February 28, 1839 (5 Stat. 321), applies only to a voluntary appearance by a person who is, in fact, made a defendant by the plaintiff’s bill. Here, Morgan and Gooch are not made defendants by the bill, and cannot be made so, without ousting the jurisdiction of the court. The act of 1839 does not…

2Cited by7 opinions

  1. Wightman v. Evanston Yaryan Co.Illinois Supreme Court · 1905
  2. Gregory v. PikeCourt of Appeals for the First Circuit · 1895
  3. Consolidated Gas Co. of New York v. NewtonDistrict Court, S.D. New York · 1919
  4. Ehrenstrom v. PhillipsCourt of Chancery of Delaware · 1910
  5. Newton v. GageU.S. Circuit Court for the District of Southern California · 1907

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