Halsted v. Buster
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. This was an action at law to fry title to real estate.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. This was an action at law to fry title to real estate. The declaration was as follows: “ John Halsted, a citizen of the city of New York and of the State of New York, complains of William B. Buster and Eldridge Barrett for that heretofore, to wit, on the first day of February, 1873, the said plaintiff was possessed in fee of a certain tract or parcel of land lying and being in the county of Fayette and State of West Virginia, which land was conveyed by Robert Soulter, trustee, to John Halsted on the 6th of…
1Opinion of the Court
Me. Chief Justice "Waite
' delivered the opinion of the court.
This record does not show that the Circuit Court had jurisdiction of the suit, which depends alone on the citizenship of the parties. In the declaration it is stated that' Halsted, the plaintiff, is a citizen of New York, but nothing is said of the citizenship of the defendants. Neither is there anything in the rest of the record to show what their citizenship actually was. For this reason the judgment is revised, but, , as the fault rests alone on the plaintiff, whose duty it wa. in bringing the suit, to make the jurisdiction…
2Cases cited1 opinion
- Hancock v. HolbrookSupreme Court of the United States · 1884
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- Levering & Garrigues Co. v. MorrinCourt of Appeals for the Second Circuit · 1932
- Schuckman v. RubensteinCourt of Appeals for the Sixth Circuit · 1947
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