Hodgson v. Bowerbank, 9 U.S. 303 (1809)

HODGSON and THOMPSON v.

BOWERBANK and Others.

Although the plaintiff be desci'ibed in the pro¬ ceedings as an alien, yet the defendant must be ex¬ pressly stated to be a citizen of some one of the United States. Otherwise the courts of the United States have not jurisdiction in the case.

ERROR to the Circuit Court for the District of Maryland. The defendants below were described in the record as ‘ ‘ late of the District of Maryland, merchants,” but were not stated to be citizens of the state of Maryland. The plaintiffs were described as ‘ ‘ aliens and sub¬ jects of the king of the united kingdom of Great Britain and Ireland.”

Martin contended, that the courts of the United *States had not jurisdiction, it

not being stated that the defendants were citi¬ zens of any state.

C. Lee, contra. The judiciary act gives jur¬ isdiction to the circuit courts in ail suits in which an alien is a party. (Laws U. S. , vol. 1 , p. 55, § 11.)

Marshall, Ch. J. Turn to the article of the constitution of the United States, for the statute cannot extend the jurisdiction beyond the limits of the constitution.

(The words of the constitution were found to be ‘ ‘ between a state, or the citizens thereof, and foreign states, citizens, or subjects.”) The court said the objection was fatal.

The record was afterwards amended by con¬ sent.

Cited— 2 How. 22 ; 16 How. 340 ; 18 How. 467 ; Hemp. 424 ; 1 Sawy. 156 ; 1 Abb. U. S. 579.