Opinion · Supreme Court of the United States
Hodgson & Thompson v. Bowerbank
9 U.S. 303
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1809-01-01
- Topic
- general
implying that the 1789 Judiciary Act could not constitutionally be read to grant jurisdiction over suits between only two aliens | holding allegation of residence, as opposed to citizenship, insufficient to support alienage jurisdiction | holding allegation of residence, as opposed to citizenship, insufficient to support alienage jurisdiction | judiciary act gives circuit court jurisdiction in all suits in which an alien is proceeding against “a citizen of some one of the United States” | cited as authority by Karazanos v. Madison Two Associates, 147 F.3d 624, 626 (7th Cir.1998) | "[T]he statute cannot extend the jurisdiction beyond the limits of the Constitution." | “[T]he statute cannot extend the jurisdiction beyond the limits of the Constitution.” | “the statute cannot extend the jurisdiction beyond the limits of the constitution.” | diversity jurisdiction does not extend to actions between aliens | finding no jurisdiction over action between two aliens
Citator
- Cited by
- 31 opinions
(The words of the constitution were found to be "betweena 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.