Jackson v. Twentyman
Supreme Court of the United States
THIS cause was brought before the Court by a writ of error to the circuit court of the southern circuit of New York. The description of the parties on the record was “John Twentyman, a subject of the king of Great Britain vs. Daniel ahd Joseph Jackson.” No citizenship of the defendants being argued.
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THIS cause was brought before the Court by a writ of error to the circuit court of the southern circuit of New York. The description of the parties on the record was “John Twentyman, a subject of the king of Great Britain vs. Daniel ahd Joseph Jackson.” No citizenship of the defendants being argued. The question was whether the circuit court under the 11th section of the judiciary act of 1789, ch. -20, which gives jurisdiction, among other cases, “ where'aji alien is a1 party,” had jurisdiction of the cause without an assumpsit on the record of the citizenship of the' defendants, argued that…
1Opinion of the Court
The Court were of opinion that the 11 th section of the act must be construed in connexion with and in ftonformity to the constitution of the United States. That by the latter, the judicial power was'not extended to private suits, in which an alien is a party, unless a citizen be the adverse party. .It was indispensable therefore. to aver the citizenship of the defendants, in order to show oh the record the jurisdiction of the court:
The omission , so to do was fatal, and according to the known course of the decisions of the Court, the judgment of the circuit court must be reversed for want of…
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- Sadat v. MertesCourt of Appeals for the Seventh Circuit · 1980
- Buti v. Impressa Perosa, S.R.L.District Court, S.D. New York · 1996
- International Shipping Co. v. Hydra Offshore, Inc.District Court, S.D. New York · 1987
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