Halsted v. Buster

Supreme Court

Halsted v. Buster

119 U.S. 341, 7 S. Ct. 276, 30 L. Ed. 462, 1886 U.S. LEXIS 1995

CourtSupreme Court of the United States

DecidedDecember 13, 1886

StatusPublished

Cited by25 cases

This text of 119 U.S. 341 (Halsted v. Buster) 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

Halsted v. Buster, 119 U.S. 341, 7 S. Ct. 276, 30 L. Ed. 462, 1886 U.S. LEXIS 1995 (1886).

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Opinion

Me. Chief Justice "Waite

' delivered the opinion of the court.

This record does not show that the Circuit Court had jurisdiction of the suit, which depends alone on the citizenship of the parties. In the declaration it is stated that' Halsted, the plaintiff, is a citizen of New York, but nothing is said of the citizenship of the defendants. Neither is there anything in the rest of the record to show what their citizenship actually was. For this reason the judgment is revised, but, , as the fault rests alone on the plaintiff, whose duty it wa. in bringing the suit, to make the jurisdiction appear, the reversal will be at. his cost in this court. Hancock v. Holbrook, 112 U. S. 229. If the citizenship of the defendants was, in fact, such at the commencement of. the suit as to give the Circuit Court ’ jurisdiction, it will be in the power of that court, when the case gets back, to allow the necessary amendment to be made -and .then proceed tb trial. This whole subject was recently. considered at the present, term in The Continental Life Insur *343 ance Co. v. Rhoads, ante, 237, and it is only necessary to refer now to the opinion in that case and the authorities there cited for the reasons of .this judgment.

' Reversed at the cost of the plgi/ntiff m error..

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Me. Chief Justice "Waite

' delivered the opinion of the court.

This record does not show that the Circuit Court had jurisdiction of the suit, which depends alone on the citizenship of the parties. In the declaration it is stated that' Halsted, the plaintiff, is a citizen of New York, but nothing is said of the citizenship of the defendants. Neither is there anything in the rest of the record to show what their citizenship actually was. For this reason the judgment is revised, but, , as the fault rests alone on the plaintiff, whose duty it wa. in bringing the suit, to make the jurisdiction appear, the reversal will be at. his cost in this court. Hancock v. Holbrook, 112 U. S. 229. If the citizenship of the defendants was, in fact, such at the commencement of. the suit as to give the Circuit Court ’ jurisdiction, it will be in the power of that court, when the case gets back, to allow the necessary amendment to be made -and .then proceed tb trial. This whole subject was recently. considered at the present, term in The Continental Life Insur *343 ance Co. v. Rhoads, ante, 237, and it is only necessary to refer now to the opinion in that case and the authorities there cited for the reasons of .this judgment.

' Reversed at the cost of the plgi/ntiff m error..

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Bluebook (online)

119 U.S. 341, 7 S. Ct. 276, 30 L. Ed. 462, 1886 U.S. LEXIS 1995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halsted-v-buster-scotus-1886.

Opinion

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