MOSSMAN, SURVIVING EXECUTOR, PLAINTIFF IN ERROR,
v.
HIGGINSON, SURVIVING PARTNER, DEFENDANT IN ERROR

U.S. | 1800-02-01
Present, Cushing, Paterson, Chase and Washington, Justices.
4 Dall. 11 Supreme Court of the United States (1800) Positive Treatment
Cited by 4 cases
Opinion of the Court
By the Court.

By the Court.

— The decisions on this subject govern the present case ;

and the 11th section of the judiciary act can and must receive a construction consistent with the constitution. It says, it is true, in general terms, that the circuit court shall have cognisance of suits “ where an alien is a party;” but as the legislative power of conferring jurisdiction on the federal courts, is, in this respect, confined to suits between citizens and foreigners, we must so expound the terms' of the law, as to meet the case, “ where, indeed, an alien is one party,” but a citizen is the other. Neither the constitution, nor the act of congress, regard, on this point, the subject of the suit, but the parties. A description of the parties is, therefore, indispensable to the exercise of jurisdiction. There is here no such description ; and of course,

The writ of error must be quashed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • In re Burrus, 136 U.S. 586 (U.S. 1890)
    …the powers vested in them by the 2d section of the 3d article of the Constitution, and imparted to the Circuit Courts cognizance of all cases at common law which might be within the control of the legislative power. Turner v. Bank of North America, 4 Dall. 11; Bank of the United States v. Devaux, 5 Cranch, 61. The Supreme Court say there is manifestly some limitation to the authority of the Circuit Courts in respect to the cases therein brought within the purview of their jurisdiction, and that those co…
  • Young v. Bryan, 6 Wheat. 146 (U.S. 1821)
  • Gassies v. Ballon, 6 Pet. 761 (U.S. 1832)

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