Legal Opinion

Bingham v. Cabot

Supreme Court of the United States

Decided February 15, 1798PublishedCited by 1 opinion

THIS a diion came again before the court,* on a writ of error; and an objedtion was taken to the record, that it was not Rated, and did not appear in any part of the pr'ocefs and pleadings', that the Plaintiffs below, and the Defendant, were citizens of different States, fo as to give jurifdidtion to-the Federal Court.

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THIS a diion came again before the court,* on a writ of error; and an objedtion was taken to the record, that it was not Rated, and did not appear in any part of the pr'ocefs and pleadings', that the Plaintiffs below, and the Defendant, were citizens of different States, fo as to give jurifdidtion to-the Federal Court. The caption of the fuit was—“ At the st Circuit Court begun and held at BoJlon, within and for the' M Majfachufetts diitridl, on Thursday, the firft day of June. *‘A.D. 1797, by the honorable Oliver ElswoRTH, Efq. M Chief Juítice, and John Lowell, Efq. Diftridt Judge— u John…

1Opinion of the Court

The Court

were clearly of opinion, that it was neceffa-ry to fet forth the citizenihip (or alienage, where a'foreigner was concerned)' of the refpective parties, in order to bring the1 *384cafe within the jurifditftion of the Circuit Court; and that the record, in the prefent cafe,- was in that rdpetSt defective. .

This caufe and many others, in the fame predicament, .were, accordingly, ftruck off the docket.

2Cited by1 opinion

  1. Bingham v. CabotSupreme Court of the United States · 1798

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