HARTOG v. MEMORY


116 U.S. 588 (1886)

HARTOG v. MEMORY.

Supreme Court of United States.

Decided February 1, 1886.


Attorney(s) appearing for the Case

Mr. Julius Rosenthal and Mr. A.M. Pence for plaintiff in error.

Mr. E.B. Sherman for defendant in error.


MR. CHIEF-JUSTICE WAITE delivered the opinion of the court. After stating the facts in the language reported above, he continued:

It was well settled before the act of 1875 that when the citizenship necessary for the jurisdiction of the courts of the United States appeared on the face of the record, evidence to contradict the record was not admissible, except under a plea in abatement in the nature of a plea to the jurisdiction, and that a plea to the merits was a...

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