Legal Opinion

Jones v. Andrews

Supreme Court of the United States

Decided December 18, 1870PublishedCited by 59 opinions

The Judiciary Act of 1789* gives the Circuit Courts jurisdiction where the suit is between a citizen of the State where the suit is brought and a citizen of another State; and enacts that no civil suit shall be brought in them against an inhabitant of the United States by original process in any other district than that whereof he is an inhabitant, or in’ which he may be found at the time of serving the writ.

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The Judiciary Act of 1789* gives the Circuit Courts jurisdiction where the suit is between a citizen of the State where the suit is brought and a citizen of another State; and enacts that no civil suit shall be brought in them against an inhabitant of the United States by original process in any other district than that whereof he is an inhabitant, or in’ which he may be found at the time of serving the writ. By the act of February 28, 1839,† it is, however, enacted “That where in any suit in law or equity, commenced in any court of the United States, there shall be several defendants, any…

1Opinion of the CourtJustice Bradley

Oh the question of jurisdiction over the parties, the appellees contend, 1st. That the citizenship of the parties was not sufficiently alleged in' the bill. 2d. That, if sufficiently alleged, the court had no jurisdiction over Andrews, the principal defendant, who was a citizen o.f New York, and not a citizen of Tennessee, where the suit was brought.

Although the allegation of citizenship is not made in precise and technical form, we consider it sufficiently explicit to sustain the jurisdiction of the court, if the citizenship disclosed by the allegation does not displace that jurisdiction. It…

2Cases cited1 opinion

  1. Clarke v. MathewsonSupreme Court of the United States · 1838

3Cited by59 opinions

  1. Sun Printing and Publishing Assn. v. EdwardsSupreme Court of the United States · 1904
  2. United States v. American Bell Telephone Co.United States Circuit Court · 1886
  3. Gulf Smokeless Coal Co. v. Sutton, Steele & Steele.Court of Appeals for the Fourth Circuit · 1929
  4. Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
  5. Ex Parte Chicago, RI & Pac. Ry.Supreme Court of the United States · 1921

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