Benjamin v. New Orleans,
Annotate this Case
169 U.S. 161 (1898)
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U.S. Supreme Court
Benjamin v. New Orleans, 169 U.S. 161 (1898)
Benjamin v. New Orleans
Argued January 10, 1898
Decided January 31, 1898
169 U.S. 161
After the answers of this Court to the questions of the circuit court of appeals in this case, reported in New Orleans v. Benjamin, 153 U. S. 411, Benjamin amended his bill in the circuit court by inserting an averment that
"each of said persons in whose favor said claims accrued and to whom said certificates were issued, are now, and were on the 9th day of February, 1891, citizens respectively of states other than the Louisiana, and competent as such citizens to maintain suit in this honorable court against the defendants for the recovery of said indebtedness, represented by said certificates, if no assignment or transfer thereof had been made."
The city demurred on the ground that the case was not one of equitable cognizance and that the amendment was insufficient to show jurisdiction. This demurrer was sustained in the circuit court, and the circuit court of appeals affirmed its decree because the necessary diversity of citizenship was not affirmatively shown. Held that this judgment of the circuit court of appeals was final, and could not be appealed from.
The case is stated in the opinion.