[DOWNLOAD] "Hiram Clearwater, Plaintiff in Error v. Solomon Meredith" by United States Supreme Court ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Hiram Clearwater, Plaintiff in Error v. Solomon Meredith
• Author : United States Supreme Court
• Release Date : January 01, 1858
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Mr. Thompson contended that the omission was fatal, inasmuch as the declaration does not show a case of which the Circuit Court had jurisdiction. The rule is this: that when there are two or more plaintiffs or defendants, each of the plaintiffs must be capable of suing, and each of the defendants of being sued, in order to support the jurisdiction. Bank of Vicksburg v. Slocomb et al., (14 Pet., 64,) where this interpretation is given to the act of February 28, 1839. (5 U. S. Stat., 321.) The declaration here should show that Smith is a citizen of a different State from the plaintiff; for, in the Federal courts, jurisdiction must be shown. If it is not shown, the objection is fatal, at any stage of the case. It needs no plea. And this is the ground, evidently, upon which the demurrer was sustained below. This is a writ of error to the Circuit Court of the United States for the district of Indiana.

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