BREITHAUPT ET AL. v. THE BANK OF GEORGIA ET AL.


26 U.S. 238 (____)

1 Pet. 238

CHRISTIAN BREITHAUPT, AND HENRY SHULTZ, DEFENDANTS BELOW, vs. THE BANK OF THE STATE OF GEORGIA, AND OTHERS.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Berrien, and Mr. Wilde, for the defendant.


By the Court. — This is not a case within the jurisdiction of the Courts of the United States. The record does not show, that the defendants were citizens of Georgia, nor are there any distinct allegations or averments, that the same was the fact, as to the stockholders in the bank.

This cause came on, &c., on consideration whereof, This Court is of opinion, that as the bill does not aver that the corporators of the Bank of the State of Georgia,...

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