Cunard S. S. Co. v. Smith
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by Edward Smith against the Cunard Steamship Company, Limited. There was. a judgment for plaintiff, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Southern District of New York.
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In Error to the District Court of the United States for the Southern District of New York. Action by Edward Smith against the Cunard Steamship Company, Limited. There was. a judgment for plaintiff, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Southern District of New York. The plaintiff is a subject of the provisional government of Russia and is a resident of the borough of Brooklyn, city and state of New York. The defendant is a foreign corporation organized and existing under the laws of Great Britain. The action is brought…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1-3] The complaint in this case must be dismissed, and for a reason not mentioned at the argument. The complaint discloses on its face that it is one which a federal court is without jurisdiction to entertain. The jurisdiction of these courts is derived from the Constitution and the acts of Congress. No jurisdiction is conferred upon the federal courts of a case in which both of the parties are aliens. Montalet v. Murray, 4 Cranch, 46, 2 L. Ed. 545; Mossman v. Higginson, 4 Dall. 12, 1 L. Ed. 720; Pooley v. Luco (C. C.) 72 Fed. 561; Prentiss v. Brennan,…
2Cases cited7 opinions
- Byers v. McAuleySupreme Court of the United States · 1893
- People's Bank v. CalhounSupreme Court of the United States · 1880
- Butler v. FrazeeSupreme Court of the United States · 1908
- Mossman, Surviving in Error v. Higginson, Surviving Partner, in ErrorSupreme Court of the United States · 1800
- Montalet v. MurraySupreme Court of the United States · 1807
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Socony-Vacuum Oil Co. v. SmithSupreme Court of the United States · 1939
- Canada Malting Co. v. Paterson Steamships, Ltd.Supreme Court of the United States · 1932
- The Fletero v. AriasCourt of Appeals for the Fourth Circuit · 1953
- Heredia v. DaviesCourt of Appeals for the Fourth Circuit · 1926
- O'Neill v. Cunard White Star, Ltd.Court of Appeals for the Second Circuit · 1947
18 more not listed; retrieve them via the Exa API.