Legal Opinion

Strawbridge v. Curtiss

Supreme Court of the United States

Decided February 13, 1806PublishedCited by 1,981 opinions

This was an appeal from a decree of the Circuit Court for the district of Massachusetts, which dismissed the complainants’ bill in chancery, for want •of jurisdiction. Some of the complainants were alleged to be citizens of the state of Massachusetts. The defendants were also stated to be citizens of the same state, excepting Curtiss, who was averred to be a citizen of the state •of Vermont, and upon whom the subpoena was served in that state.

1Opinion of the Court

Marshall, Ch. J.,

delivered the opinion of the court. — The court has considered this case, and is of opinion, that the jurisdiction cannot be supported.

The words of the act of congress are, “ where an alien is a party, or the ■suit is between a citizen of a state where the suit is brought, and a citizen of another state.” The court understands these expressions to mean, that each distinct interest should be represented by persons, all of whom are entitled to sue, or may be sued, in the federal courts. That is, that where the interest is joint, each of the persons concerned in that interest…

2Cited by1,981 opinions

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