Case No. 17,418.
WESCOTT v. FAIRFIELD TP.
[Pet C. C. 45.]2
Circuit Court, D. New Jersey.
Oct. Term, 1811.
JURISDICTION OF CIRCUIT COURTS—CITIZENSHIP.
A citizen of the District of Columbia is not entitled to sue in the circuit courts of the United States.
[Cited in Barney v. Baltimore, 6 Wall. (73 U. S.) 288; Cissel v. McDonald, Case No. 2,729. Cited in brief in McMurdy v. Connecticut Gen. Life Ins. Co., Id. 8,903.]
The declaration is in the name of Den, a citizen of the District of Columbia, on the demise of Wescott, also a citizen of the same district, against the inhabitants, &c., citizens of the state of New Jersey. The plaintiff moved for a rule on the defendants, to appear by the next court and confess lease, &c. This was objected to by Leake for the defendants, on the ground that the court could not take jurisdiction of the cause, the plaintiff being a citizen of the District of Columbia, and therefore not within the provision of the act of congress, giving jurisdiction to the circuit court. He cited Ash v. Hayman [Case No. 572].
BY THE COURT. The case cited is conclusive; and of course, the plaintiff can take nothing by his motion.
2 [Reported by Richard Peters, Jr., Esq.]
This volume of American Law was transcribed for use on the Internet
through a contribution from Google.