Breithaupt v. the Bank of Georgia

Supreme Court

Breithaupt v. the Bank of Georgia

26 U.S. 238, 7 L. Ed. 127, 1 Pet. 238, 1828 U.S. LEXIS 403

CourtSupreme Court of the United States

DecidedFebruary 18, 1828

StatusPublished

Cited by5 cases

This text of 26 U.S. 238 (Breithaupt v. the Bank of Georgia) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breithaupt v. the Bank of Georgia, 26 U.S. 238, 7 L. Ed. 127, 1 Pet. 238, 1828 U.S. LEXIS 403 (1828).

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Opinion

By the Court

This is not a case within the jurisdiction of • the Courts óf the United Státes.-.. The récord does not show, that the defendants were citizens of Georgia, nor are there any distinct allegations or averments, that the same was the fact, as to the stockholders in the bank.

This, cause came on, &c., on consideration whereof, This Court is of opinion, that as the bill does not aver that the cor-porators of the Bank of the State of Georgia, which bank is defendant in the suit,- are citizens of the state of Georgia, the Circuit Court has no jurisdiction of the cause, and can grant no .relief. It is therefore .ordered to be certified to the Circuit Court, as the opinion of this Court, that, in 'the present state of, the pleadings, it not appearing that the defendants are citizens of. the state of Georgia, the complainants are not entitled to relief in that Court.

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By the Court

This is not a case within the jurisdiction of • the Courts óf the United Státes.-.. The récord does not show, that the defendants were citizens of Georgia, nor are there any distinct allegations or averments, that the same was the fact, as to the stockholders in the bank.

This, cause came on, &c., on consideration whereof, This Court is of opinion, that as the bill does not aver that the cor-porators of the Bank of the State of Georgia, which bank is defendant in the suit,- are citizens of the state of Georgia, the Circuit Court has no jurisdiction of the cause, and can grant no .relief. It is therefore .ordered to be certified to the Circuit Court, as the opinion of this Court, that, in 'the present state of, the pleadings, it not appearing that the defendants are citizens of. the state of Georgia, the complainants are not entitled to relief in that Court.

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Bluebook (online)

26 U.S. 238, 7 L. Ed. 127, 1 Pet. 238, 1828 U.S. LEXIS 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breithaupt-v-the-bank-of-georgia-scotus-1828.

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