Hodgson v. Bowerbank
| Decision Date | 31 December 1809 |
| Citation | 5 Cranch 303,9 U.S. 303 |
| Parties | HODGSON AND THOMPSON v. BOWERBANK AND OTHERS. |
| Court | U.S. Supreme Court |
Martin contended.
C. Lee, contra.
Turn to the article of the constitution of the United States, for the statute cannot extend the jurisdiction beyond the limits of the constitution.
(The words of the constitution were found to be "between a state, or the citizens thereof, and foreign states, citizens, or subjects.")
The court said the objection was fatal.
The record was afterwards amended by consent.
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39 cases
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National Mut Ins Co of District of Columbia v. Tidewater Transfer Co Inc
...other.' This construction of the statute was adhered to in Montalet v. Murray, 1807, 4 Cranch 46, 2 L.Ed. 545, and in Hodgson v. Bowerbank, 1809, 5 Cranch 303, 3 L.Ed. 108, where Chief Justice Marshall dismissed the contention that 'The judiciary act gives jurisdiction to the circuit courts......
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Romero v. International Terminal Operating Co
...defendants. For the constitutionality of a broader statute, at lease under Art. III, § 2, cl. 1, subclause 8, see Hodgson v. Bowerbank, 5 Cranch 303, 3 L.Ed. 108. 2. At the time of the commencement of petitioner's suit, § 1331 read: 'The district courts shall have original jurisdiction of a......
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Engstrom v. Hornseth
...to suits between citizens and foreigners."); Montalet v. Murray, 8 U.S. (4. Cranch) 46, 2 L.Ed. 545 (1807); Hodgson v. Bowerbank, 9 U.S. (5 Cranch) 303, 303, 3 L.Ed. 108 (1809);8 Jackson v. Twentyman, 27 U.S. (2 Pet.) 136, 136, 7 L.Ed. 374 (1829) ("[T]he judicial power was not extended to p......
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United States v. Davis
...not expand the jurisdiction of the federal courts beyond the bounds established by the Constitution.” (citing Hodgson v. Bowerbank , 9 U.S. 303, 5 Cranch 303, 3 L.Ed. 108 (1809) ; Kline v. Burke Constr. Co. , 260 U.S. 226, 234, 43 S.Ct. 79, 67 L.Ed. 226 (1922) )); see also Seminole Tribe of......
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1 books & journal articles
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DIVERSITY JURISDICTION AND THE COMMON-LAW SCOPE OF THE CIVIL ACTION.
...11, 1 Stat. 73, 78. Section 11 also authorized jurisdiction over a suit when "an alien is a party." Id. The Court in Hodgson v. Bowerbank, 9 U.S. 303 (1809), held that this language as construed in light of the Constitution did not authorize a suit solely between two aliens. Id. at (60.) St......