State of New Jersey v. the State of New York
Supreme Court of the United States
Wirt, for the complainant, stated, that the subpoena had been regularly served, upwards of two months, and there was no appearance on the part of the state of New York. The 17th section of the judiciary act of 1789, authorizes the court to make and establish all necessary rules for the conducting the business of the courts of the United States ; this court has such a power, without the aid of that provision of the law.
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Wirt, for the complainant, stated, that the subpoena had been regularly served, upwards of two months, and there was no appearance on the part of the state of New York. The 17th section of the judiciary act of 1789, authorizes the court to make and establish all necessary rules for the conducting the business of the courts of the United States ; this court has such a power, without the aid of that provision of the law. The seventh rule of this court, which is applicable to this matter, was made at August term 1791. “The Chief Justice, in answer to the motion of the attorney-general, informs…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — This is a bill filed by the state of New Jersey against the state of New York, for the purpose of ascertaining and settling the boundary between the two states.
The constitution of the United States declares, that “the judicial power shall extend to controversies between two or more states.” It also declares, that “ in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction.” Congress has passed no act for the special purpose of…
2Cases cited4 opinions
- State of New York v. State of Connecticut Et Al.Supreme Court of the United States · 1799
- Fowler v. LindseySupreme Court of the United States · 1799
- Grayson v. VirginiaSupreme Court of the United States · 1796
- Hamilton v. MooreSupreme Court of the United States · 1797
3Cited by34 opinions
- In Re AyersSupreme Court of the United States · 1887
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Fitts v. McGheeSupreme Court of the United States · 1899
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
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