Gardner v. Sharp

(charging jury). The first question for the consideration of the jury is, whether this court can take jurisdiction of the cause now under consideration. This depends upon the question. whether the lessor of the plaintiff was a citizen of the state of Pennsylvania, as the declaration avers, at the time this suit was brought; or was a citizen of this state, as the defendant insists. And this is always a mixed question of law and fact. The decision of the former rests with the court; the latter must be determined by the jury.

In reference to the jurisdiction of the courts of the United States,…