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
"That John Cabot, of Beverly, in the District of Massachusetts,
merchant and surviving co-partner of Andrew Cabot, late of the same
place, merchant, deceased, Moses Brown, Israel Thorndike, and
Joseph Lee, all of the same place, merchants, Jonathan Jackson,
Esq. of Newbury Port, Samuel Cabot, of Boston, merchant, George
Cabot, of Brooklyn, Esq., Joshua Ward, of Salem, merchant, and
Stephen Cleveland, of the same place, merchant, all in our said
District of Massachusetts, and Francis Cabot, of Boston,
Page 3 U. S. 383
aforesaid, now resident at Philadelphia aforesaid, merchant, in
plea of the case, for that said William, at said Boston, on the day
of the purchase of this writ, being indebted to the plaintiffs,
etc. promised to pay, etc."
The defendant pleaded
nonassumpsit, and an issue being
thereupon joined and tried, there was a verdict and judgment for
the plaintiff for $27,224.93 and costs.
The Court was clearly of opinion that it was necessary to set
forth the citizenship (or alienage, where a foreigner was
concerned) of the respective parties in order to bring the
Page 3 U. S. 384
case within the jurisdiction of the circuit court, and that the
record in the present case was in that respect defective.
This cause and many others in the same predicament were
accordingly struck off the docket.
