United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jackson v. Ashton, 35 U.S. 10 Pet. 480 480 (1836)

Jackson v. Ashton

35 U.S. (10 Pet.) 480

Syllabus

After a case has been dismissed for want of jurisdiction, the pleadings having been technically defective, the Court will not, at a subsequent term, allow them to be amended an the case to be reinstated on the docket. It would be in effect a reversal of the former decree after the case had been finally disposed of in this Court.

There will be no difficulty in making the amendment in the circuit court in such a case if that court shall see fit, in its discretion, to allow it to be done, and the cause may then be reheard there and a decree, newly rendered, may be brought up on appeal to this Court, or a decree may be there rendered by consent of parties in order to bring up the case without delay.

This case was before the Court at January term, 1834, on an appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania, and was dismissed for want of jurisdiction, the complainants, Thomas Jackson and others, in the circuit court having omitted to state in the body of the bill, filed on the equity side of the court, that the defendant was a citizen of the State of Pennsylvania. 33 U. S. 8 Pet. 148.