Burnham v. Rangeley
U.S. Circuit Court for the District of Maine
This was a bill in equity, in which the complainants [Daniel Burnham and another] were described as citizens of New Hampshire, and the respondent [James Rangeley] as a citizen of Maine. The bill was filed, and the subpoena served September 26, 1843. The respondent pleaded, that he was not a citizen of Maine at the time the bill was filed, but was then, and since, a citizen of the state of Virginia.
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This was a bill in equity, in which the complainants [Daniel Burnham and another] were described as citizens of New Hampshire, and the respondent [James Rangeley] as a citizen of Maine. The bill was filed, and the subpoena served September 26, 1843. The respondent pleaded, that he was not a citizen of Maine at the time the bill was filed, but was then, and since, a citizen of the state of Virginia. On this, issue was joined, and certain facts proved or admitted which will be given in the opinion of the court.
1Opinion of the Court
WOODBURX, Circuit Justice.
The question presented here, affects the jurisdiction of this court over the bill. By the act of congress passed 24th September, 1789 (chap*774ter 20, § 11), jurisdiction is not given to us in this case, unless “the suit is between a citizen of the state where the suit is brought, and a citizen of another state.” 1 Stat. 78. Neither of the parties, when the writ was sued out, or since, is pretended to have belonged to the state of Maine, where the suit is brought, unless it be the respondent. The issue is, whether he, at that time, viz., September 26, 1843, was a citizen…
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