Daviel and Joseph Jackson, Plaintiffs In Error v. John Twentyman

• Decision Date: 01 January 1829
• Citation: Daviel and Joseph Jackson, Plaintiffs In Error v. John Twentyman, 27 U.S. 136, 2 Pet. 136, 7 L.Ed. 374 (1829)
• Parties: DAVIEL AND JOSEPH JACKSON, PLAINTIFFS IN ERROR v. JOHN TWENTYMAN
• Court: U.S. Supreme Court

27 U.S. 136

2 Pet. 136

7 L.Ed. 374

DAVIEL AND JOSEPH JACKSON, PLAINTIFFS IN ERROR v. JOHN TWENTYMAN.

January Term, 1829

THIS cause was brought before the Court by a writ of error to the circuit court of the southern circuit of New York.

The description of the parties on the record was 'John Twentyman, a subject of the king of Great Britain vs. Daniel and Joseph Jackson.' No citizenship of the defendants being argued.

The question was whether the circuit court under the 11th section of the judiciary act of 1789, ch. 20, which gives jurisdiction, among other cases, 'where an alien is a party,' had jurisdiction of the cause without an assumpsit on the record of the citizenship of the defendants.

Mr Taylor, for the plaintiffs in error, argued that the judgment of the circuit court should be reversed. He cited Bingham vs. Cabot, 3 Dall. 382. Hodgson vs. Bowerbant, 5 Cranch, 303. Sullivan vs. The Fulton Steam Boat Company, 6 Wheaton, 450.

The Court were of opinion that the 11th section of the act must be construed in connexion with and in conformity to the constitution of the United States. That by the latter, the judicial power was not extended to...