Smith v. Tuttle
U.S. Circuit Court for the Northern District of Illnois
Demurrer to a plea to the jurisdiction. The plea sets up that'the defendant, at the time of being served with process in this case, was a citizen and resident of the state of Iowa, and was temporarily in this district, and that the plaintiff is a citizen of New York.
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Demurrer to a plea to the jurisdiction. The plea sets up that'the defendant, at the time of being served with process in this case, was a citizen and resident of the state of Iowa, and was temporarily in this district, and that the plaintiff is a citizen of New York. The plaintiff interposed a demurrer to this plea, on the ground that the act giving jurisdiction to the circuit courts confers jurisdiction on the court wherever the defendant might be found within the jurisdiction, although he may not be a resident of the district nor of the state. ,
1Opinion of the Court
BLODGETT, District Judge.
This matter was called up during Judge DAVIS’ visit to this city and the authorities examined, and Judge DAVIS, Judge DRUMMOND, ana myself all came to the conclusion, in the light of the authorities, that this court has no jurisdiction over a citizen of another state who is temporarily found here long enough to be served with process; that the acts ot congress conferring jurisdiction do not contemplate that a defendant shall be sued out of the state where he resides; that he has the privilege of litigating a question in the federal courts between himself and a citizen…
2Cited by3 opinions
- Jewett v. GarrettU.S. Circuit Court for the District of New Jersey · 1891
- Lovejoy v. Hartford Fire Ins.District Court, N.D. Illinois · 1882
- Castello v. CastelloU.S. Circuit Court for the District of Western Missouri · 1882