Gracie v. Palmer
Supreme Court of the United States
moved to dismiss the writ of error in this case, for want of jurisdiction. He stated, that the plaintiffs below, Palmer and others, were described to be aliens, and subjects of the king of Great Britain, and tbe defendants, Gracie and others, to be citizens of the state of New York, and the suit was brought in the circuit court of Pennsylvania.
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moved to dismiss the writ of error in this case, for want of jurisdiction. He stated, that the plaintiffs below, Palmer and others, were described to be aliens, and subjects of the king of Great Britain, and tbe defendants, Gracie and others, to be citizens of the state of New York, and the suit was brought in the circuit court of Pennsylvania. It did not appear, that the defendants were inhabitants of, or found in the district of Pennsylvania, at the time of serving the writ: and he, therefore, contended, under the 11th section of the judiciary act of 1789, c. 20, that no civil suit could be…
1Opinion of the Court
Mabshall, Ch. J.,
stated, that the uniform construction, under the clause of the act referred to, had been, that it was not necessary to aver, on the record, that the defendant was an inhabitant of the district or found therein. That *it was sufficient, if the court appeared to have jurisdiction, by the citizenship or alienage of the parties. The exemption from arrest in a district in which the defendant was not an inhabitant, or in which he was not found, at the time of serving the process, was the privilege of the defendant, which he might waive by a voluntary appearance. That if process was…
2Cited by47 opinions
- United States v. MayerSupreme Court of the United States · 1914
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- In Re MooreSupreme Court of the United States · 1908
- Lee v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1923
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