Hodgson & Thompson v. Bowerbank — 9 U.S. 303

Majority

p. 303

HODGSON AND THOMPSON v. BOWERBANK AND OTHERS.

Syllabus

Although the ,hne ^ proceedings as muSt ^e" exPre39b 'ated someone of the United ^iseTheMurts

ERROR to the circuit court for the district of Marylánd. The defendants below were described in the record as “ ¡até of the district of Maryland, merchants,” but were riot stated to be citizens of the state of Máryland... The plaintiffs were described as “ aliens and subjects of- the king of the united kingdom of Great Britain and Ireland.”

Martin contended,

that the courts of the United

p. 304

States havenoi tbo «ase!°U "n

States had not jurisdiction, it not being stated that the defendants were citizens of any state.

C. Lee, contra.

The judiciary act gives jurisdiction to the circuit courts ■ in all suits in which cm, alien is a party. Laws U. S. vol. 1. p, 55. $ 11.

Turn to the article of'the constitution of the United States, for the statute cannot extend the jurisdiction beyond the limits of the constitution.

(The words of the constitution were found to be “ between a state, or the citizens thereof, and foreign states, citizens, or subjects.”)

The court said the objection was fatal.

The record was afterwards amended by consent.