Duryee v. Webb

U.S. Circuit Court for the District of Connecticut

Duryee v. Webb

8 F. Cas. 136, 16 Conn. 558

CourtU.S. Circuit Court for the District of Connecticut

DecidedJuly 1, 1810

DocketCase No. 4,198

StatusPublished

Cited by1 cases

This text of 8 F. Cas. 136 (Duryee v. Webb) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duryee v. Webb, 8 F. Cas. 136, 16 Conn. 558 (circtdct 1810).

Pincite

Opinion

LIVINGSTON, Circuit Justice.

I do not •question the correctness of the decisions referred to. If I understand them they amount to this, that if the court cannot see from the record, that the parties are citizens of differ•ent states, it will dismiss the cause. After a cause has proceeded as far as this has, it is the duty of the court to make every reasonable intendment in favour of the jurisdiction. Can such intendment be made here? There is a decision which removes all objections to the plaintiff. Then is the defendant so described, that the court can see, that he is a ■citizen of Connecticut? The description of him as a citizen of the United States and an inhabitant of Connecticut, is equivalent to describing him as a citizen of Connecticut. He is, moreover,'described as exercising an -office, which none but a citizen of the state can be presumed to be capable of exercising. The motion must be denied.

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LIVINGSTON, Circuit Justice.

I do not •question the correctness of the decisions referred to. If I understand them they amount to this, that if the court cannot see from the record, that the parties are citizens of differ•ent states, it will dismiss the cause. After a cause has proceeded as far as this has, it is the duty of the court to make every reasonable intendment in favour of the jurisdiction. Can such intendment be made here? There is a decision which removes all objections to the plaintiff. Then is the defendant so described, that the court can see, that he is a ■citizen of Connecticut? The description of him as a citizen of the United States and an inhabitant of Connecticut, is equivalent to describing him as a citizen of Connecticut. He is, moreover,'described as exercising an -office, which none but a citizen of the state can be presumed to be capable of exercising. The motion must be denied.

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Bluebook (online)

8 F. Cas. 136, 16 Conn. 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duryee-v-webb-circtdct-1810.

Opinion

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