5 U.S. 343 - Abercrombie v. Dupuis — 5 U.S. 343

How this case has been cited

Cited by 23 later decisions (1 by the Supreme Court) — most recently February 1912

6 federal appellate · 2 district · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Error to a judgment of the circuit court for the district of Georgia. The plaintiffs below (or petitioners as they are called in the record) “aver, that they do “severally reside without the limits of the district of Geor-“gia aforesaid, to wit, in the state of Kentucky, there-“fore they have the right to commence their said action “ in this honorable court, &c.”* The defendant is called "Charles Abercrombie, of the district of Georgia, esquire.

¶2To give jurisdiction to the courts of the United States the pleadings must expressly state the parties to be citizens of different states, or that one of them is an alien. It is not sufficient to say that they reside in different states.

¶3It was assigned for error that the circuit court had not jurisdiction of the cause, because it does not appear upon the record that either of the parties is an alien, nor that the parties are citizens of different states. And for this error the judgment was reversed without argument.

¶4The court said that the question had been decided after full argument in the case of Bingham v. Cabot, 3 Dal. 383, and they did not think proper to over-rule that case.

¶6The chief justice

¶7said, he did not know how his opinion might be, if the question were a new one.