The Bank of the United States v. Deveaux Et Al

CourtUnited States Supreme Court
Writing for the CourtMARSHALL
Citation9 U.S. 61,5 Cranch 61,3 L.Ed. 38
PartiesTHE BANK OF THE UNITED STATES v. DEVEAUX ET AL
Decision Date01 February 1809
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171 practice notes
  • Perry v. Brown, No. S189476.
    • United States
    • United States State Supreme Court (California)
    • November 17, 2011
    ...flaw in the procedure] neither occurred to the bar or the bench.” ( Bank of the United States v. Deveaux (1809) 9 U.S. (5 Cranch) 61, 88, 3 L.Ed. 38; see also Brown Shoe Co. v. United States (1962) 370 U.S. 294, 307, 82 S.Ct. 1502, 8 L.Ed.2d 510.) Plaintiffs acknowledge that California tria......
  • Perry v. Brown , No. S189476.
    • United States
    • United States State Supreme Court (California)
    • November 17, 2011
    ...flaw in the procedure] neither occurred to the bar or the bench.” ( Bank of the United States v. Deveaux (1809) 9 U.S. (5 Cranch) 61, 88, 3 L.Ed. 38; see also Brown Shoe Co. v. United States (1962) 370 U.S. 294, 307, 82 S.Ct. 1502, 8 L.Ed.2d 510.) Plaintiffs acknowledge that California tria......
  • Rose v. Giamatti, Bankruptcy No. C-2-89-0577.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • July 31, 1989
    ...the decision of controversies between aliens and a citizen, or between citizens of different States. Bank of the United States v. Deveaux, 5 Cranch 61, 87, 3 L.Ed. 38 (1809).2 The diversity statute has historically been interpreted to require complete diversity of citizenship: "... diversit......
  • Aguayo v. AMCO Ins. Co., No. CIV 14–0400 JB/KBM.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • October 31, 2014
    ...of controversies between aliens and a citizen, or between citizens of different states.Bank of U.S. v. Deveaux, 9 U.S. (5 Cranch) 61, 87, 3 L.Ed. 38 (1809). See The Federalist No. 80 (Alexander Hamilton). Modern scholarship sheds some doubt on whether concerns about out-of-state prejudice w......
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168 cases
  • Arrowsmith v. United Press International, No. 73
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 11, 1963
    ...or between citizens of different states," Marshall, C. J., in Bank of the 320 F.2d 227 United States v. Deveaux, 5 Cranch. (9 U.S.) 61, 87, 3 L.Ed. 38 (1809), does not suggest that the founders were concerned with rendering diversity defendants, who might be either in-staters or out-of-stat......
  • Mercantile National Bank At Dallas v. Langdeau Republic National Bank of Dallas v. Langdeau, Nos. 14
    • United States
    • United States Supreme Court
    • January 21, 1963
    ...* * * in any court of law or equity as fully as natural persons.'5 This section, if the teaching of Bank of the United States v. Deveaux, 5 Cranch 61, 3 L.Ed. 38, is observed, conferred no jurisdiction upon the courts but merely endowed the banks with power to sue and be sued in the courts ......
  • Perry v. Brown, No. S189476.
    • United States
    • United States State Supreme Court (California)
    • November 17, 2011
    ...flaw in the procedure] neither occurred to the bar or the bench.” ( Bank of the United States v. Deveaux (1809) 9 U.S. (5 Cranch) 61, 88, 3 L.Ed. 38; see also Brown Shoe Co. v. United States (1962) 370 U.S. 294, 307, 82 S.Ct. 1502, 8 L.Ed.2d 510.) Plaintiffs acknowledge that California tria......
  • Perry v. Brown , No. S189476.
    • United States
    • United States State Supreme Court (California)
    • November 17, 2011
    ...flaw in the procedure] neither occurred to the bar or the bench.” ( Bank of the United States v. Deveaux (1809) 9 U.S. (5 Cranch) 61, 88, 3 L.Ed. 38; see also Brown Shoe Co. v. United States (1962) 370 U.S. 294, 307, 82 S.Ct. 1502, 8 L.Ed.2d 510.) Plaintiffs acknowledge that California tria......
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2 books & journal articles
  • IMPOSING SILENCE THROUGH SETTLEMENT: A FIRST-AMENDMENT CASE STUDY OF THE NEW YORK ATTORNEY GENERAL.
    • United States
    • Albany Law Review Vol. 84 Nbr. 4, December 2021
    • December 22, 2021
    ...for Propagation of Gospel in Foreign Parts v. Town of New Haven, 21 U.S. 464, 482 (1823). (200) See, e.g., id.; Bank of U.S. v. Deveaux, 9 U.S. 61, 88-89 (1809), overruled on other grounds, 43 U.S. 497 (1844); Santa Clara Cty. v. S. Pac. R. Co., 18 F. 385, 403 (C.C.D. Cal. 1883); People ex ......
  • DIVERSITY JURISDICTION AND THE COMMON-LAW SCOPE OF THE CIVIL ACTION.
    • United States
    • Washington University Law Review Vol. 99 Nbr. 2, October 2021
    • October 1, 2021
    ...Louisville, Cincinnati, & Charleston R.R. Co. v. Lctson, 43 U.S. 497, 553 (1844). (62.) See, e.g., Bank of United States v. Deveaux, 9 U.S. 61, 87 (1809) ("However true the fact may be, that the tribunals of the states will administer justice as impartially as those of the nation, to pa......

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