Hartog v. Memory
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a' writ of error brought under § 5 of the act of March 3, 1875, ch. 137, 18 Stat. 370, for the review of an order dismissing a suit begun in the Circuit' Court.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a' writ of error brought under § 5 of the act of March 3, 1875, ch. 137, 18 Stat. 370, for the review of an order dismissing a suit begun in the Circuit' Court. The record showed that on the 19th of September, 1884. "William Hartog sued Henry Memory in an action of assumpsit for a breach of a contract to deliver property sold. ' In the declaration Hartog was described as a citizen of the Kingdom-of Holland, and Memory as a citizen of Illinois. On the 8th of October Memory filed three pleas: 1,…
1Opinion of the Court
Mr. Chief-Justice Waite
delivered the opinion of the court. After stating the facts in the language reported above, he continued :
It was well settled before the act of 1875 that when the citizenship necessary for the jurisdiction of the.courts of the United States appeared on the face of the record, evidence to contradict the record was not admissible, except under a plea in abatement in the nature of a plea to the jurisdiction, and that a plea to the merits was a waiver of such a plea to the jurisdiction. Farmington v. Pillsbury, 114 U. S. 138, 143, and cases there cited. In its general scope…
2Cases cited2 opinions
- Williams v. NottawaSupreme Court of the United States · 1881
- Farmington v. PillsburySupreme Court of the United States · 1885
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- Wetmore v. RymerSupreme Court of the United States · 1898
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