3 U.S. 369 (1797)

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U.S. Supreme Court

EMORY v. GRENOUGH, 3 U.S. 369 (1797)

3 U.S. 369 (Dall.)


August Term, 1797

Error from the Circuit Court for the District of Massachusetts.

The Plaintiff in error was a native of Massachusetts, formerly resident in Boston, where he contracted the debt in question to the Defendant in error, who was, also a native, and had always continued a resident, of that state. Some years afterwards the Plaintiff in error removed into Pennsylvania, became a resident citizen of the state, took the benefit of her bankrupt law (which, in its terms and operation, was analogous to the bankrupt laws of England) and duly obtained a certificate of conformity from the commissioners. Subsequent to this discharge, he returned, on a transient visit, to Boston; and, being there arrested by the Defendant in error, for the old debt, he caused the suit to be removed from the State into the Circuit Court, and pleaded his certificate in bar to the action: but the court (consisting of Judge Iredell, and the District Judge) over-ruled the plea, and gave judgement for the Plaintiff below: whereupon the present writ of error was brought. *

The argument of the cause had been considerably advanced, when a contagious fever made its appearance again in Philadelphia, and the business of the court was unavoidably suspended. But at February Term, 1797, the court having decided,

Page 3 U.S. 369, 370

in the case of Bingham versus Cabot, et al. that in order to sustain the jurisdiction of the Federal Court, it must be set forth in the process, that the parties are citizens of different states; and that form having been omitted in the present suit, this and several other writs of error were struck off the docket. Ingersoll and Dallas, for the Plaintiff in error. Lewis and E. Tilghman, for the Defendant in error.* [3 U.S. 369, 371]

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