BINGHAM V. CABOT
Decision Date | 01 January 1798 |
Court | U.S. Supreme Court |
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.
The defendant pleaded nonassumpsit, and an issue being thereupon joined and tried, there was a verdict and judgment for the plaintiff for ,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
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.
To continue reading
Request your trial-
Apex Tool Grp., LLC v. Dmtco, LLC
...4 U.S. 8 (1799). Facts supporting subject matter jurisdiction must be affirmatively pleaded by the person seeking to show it. Bingham v. Cabot, 3 U.S. 382 (1798). The burden of proof is on the party asserting jurisdiction if it is challenged. McNutt v. General Motors Acceptance Corp., 298 U......
-
In re Ohio Execution Protocol Litig.
...4 U.S. 8 (1799). Facts supporting subject matter jurisdiction must be affirmatively pleaded by the person seeking to show it. Bingham v. Cabot, 3 U.S. 382 (1798). The burden of proof is on the party asserting jurisdiction if it is challenged. McNutt v. General Motors Acceptance Corp., 298 U......
-
In re Ohio Execution Protocol Litig.
...4 U.S. 8 (1799). Facts supporting subject matter jurisdiction must be affirmatively pleaded by the person seeking to show it. Bingham v. Cabot, 3 U.S. 382 (1798). The burden of proof is on the party asserting jurisdiction if it is challenged. McNutt v. General Motors Acceptance Corp., 298 U......
-
Hobbs v. Faulkner
...4 U.S. 8 (1799). Facts supporting subject matter jurisdiction must be affirmatively pleaded by the person seeking to show it. Bingham v. Cabot, 3 U.S. 382 (1798). The burden of proof is on the party asserting jurisdiction if it is challenged. McNutt v. General Motors Acceptance Corp., 298 U......
-
THE MISUNDERSTOOD ELEVENTH AMENDMENT.
...Originalism: A New Theory of Interpretation and the Case Against Construction, 103 NW. U. L. REV. 751, 752 (2009). (146) Hollingsworth, 3 U.S. at 382. (147) U.S. CONST, amend. XI (emphasis (148) See infra Section II.D. (149) United States v. Bright, 24 F. Cas. 1232, 1236 (C.C.D. Pa. 1809) (......