Legal Opinion

Prentiss v. Barton

U.S. Circuit Court for the District of Virginia

Decided November 15, 1819PublishedCited by 9 opinions

The original bill in this case was filed by the plaintiff, Christopher Prentiss, trustee of William Prentiss, alleging himself to be a citizen of Maryland, in November, 1806, and the answer of the defendant, a citizen of Virginia, in June, ISOS. In the progress of the suit, Seth Barton, the defendant, died, and the suit was revived against his executors. In December, 1816, the executors filed an amended answer, in which the question of jurisdiction is raised.

Read the full summary

The original bill in this case was filed by the plaintiff, Christopher Prentiss, trustee of William Prentiss, alleging himself to be a citizen of Maryland, in November, 1806, and the answer of the defendant, a citizen of Virginia, in June, ISOS. In the progress of the suit, Seth Barton, the defendant, died, and the suit was revived against his executors. In December, 1816, the executors filed an amended answer, in which the question of jurisdiction is raised. They deny that the plaintiff was then, or at the time of suing •out the original writ, or at the times of exhibiting the original or…

1Opinion of the Court

MARSHALL, Circuit Justice.

The jurisdiction of the court in this case depends on the citizenship of the plaintiff. If he was a citizen of the District of Columbia,2, or of the commonwealth of Virginia, this suit cannot be maintained; if he was a citizen of any other state, he may sue in this court.

Before I proceed to examine the facts in this case, I will consider the principle which must govern it.

The constitution of the United States gives the courts of the Union jurisdiction over controversies arising “between citizens of different states" tariicle 3, § 2), and the judicial act [of 17S9 (1…

2Cited by9 opinions

  1. Adams v. SmithSupreme Court of Iowa · 1921
  2. Sharon v. HillUnited States Circuit Court · 1885
  3. Donaldson v. State ex rel. TaylorIndiana Supreme Court · 1906
  4. Hammerstein v. LyneDistrict Court, W.D. Missouri · 1912
  5. Harding v. Standard Oil Co.U.S. Circuit Court for the Northern District of Illnois · 1910

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API