MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
One of the errors assigned on this record is that the Circuit Court had no jurisdiction. It was settled at a very early day that the facts on which the jurisdiction of the Circuit Courts rest must, in some form, appear on the face of the record of all suits prosecuted before them. Turner v. Bank of North America, 4 Dall. 8; Bushnell v. Kennedy, 9 Wall. 387; Hornthall v. Collector, 9 Wall. 560; Ex parte Smith, 94 U.S. 455; Robertson, v. Cease, 97 U.S. 646; Grace v. American Central Ins. Co., 109 U.S. 278, 283; Börs v. Preston, 111 U.S. 252, 255; Mansfield, Coldwater and Lake Michigan Railway v. Swan, 111 U.S. 379, 382; Hancock v. Holbrook, 112 U.S. 229. And it is error for a court to proceed without its jurisdiction is shown. Grace v. American Central Insurance Co., supra; Thayer v. Life Association, 112 U.S. 717; Mansfield, &c., Railway v. Swan, supra.
It is conceded that the jurisdiction in this case depends alone on the citizenship of the parties, and that there is not in the declaration any averment in express terms of the citizenship of the plaintiff. It does appear that the defendant was, at the commencement of the suit, a citizen of Connecticut,
It is not necessary to consider any of the other assignments of error.
The judgment of the Circuit Court is reversed and the cause remanded for further proceedings.