United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bingham v. Cabot, 3 U.S. 3 Dall. 382 382 (1798)

Bingham v. Cabot

3 U.S. (3 Dall.) 382

Syllabus

It is necessary to set forth the citizenship, or alienage, if a foreigner is the party, in order to bring the case within the jurisdiction of the circuit court of the United States.

This action came again before the Court, on a writ of error, and an objection was taken to the record that it was not stated and did not appear in any part of the process and pleadings that the plaintiffs below and the defendant were citizens of different states, so as to give jurisdiction to the federal court. The caption of the suit was

"At the circuit court begun and held at Boston, within and for the Massachusetts District, on Thursday, the first day of June, A.D. 1797, by the Honorable Oliver Ellsworth, Esq., Chief Justice, and John Lowell Esq., District Judge, John Cabot, et al. versus William Bingham."

And the declaration (which was for money had and received to the plaintiff's use) set forth