Continental National Bank of Memphis v. Buford
191 U.S. 119 (1903)

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U.S. Supreme Court

Continental National Bank of Memphis v. Buford, 191 U.S. 119 (1903)

Continental National Bank of Memphis v. Buford

No. 60

Argued November 6, 1903

Decided November 16, 1903

191 U.S. 119

Syllabus

On every writ of error or appeal, the first and fundamental question is that of jurisdiction, first of this Court and then of the court from which the record comes, and such a question arising on the face of the record cannot be ignored.

By the Acts of July 12, 1882, March 3, 1887. and August 13, 1888, national banks are, for purposes of the jurisdiction of the United States courts in actions by or against them, to be deemed citizens of the states in which they are located.

Page 191 U. S. 120

An action brought by a national banking association in a circuit court of the United States against citizens of another state, where no ground of jurisdiction appears in the record except diversity of citizenship, is not, owing to the mere fact that the plaintiff is organized under the National Banking Law, one arising under the laws of United States, and under the Judiciary Act of March 3, 1891, the judgment of the circuit court of appeals is final, and therefore not subject to review by this Court.

The facts are stated in the opinion.

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