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Benjamin v. New Orleans, 169 U.S. 161 (1898)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Benjamin v. New Orleans, 169 U.S. 161 (1898)
Benjamin v. New Orleans No. 188 Argued January 10, 1898 Decided January 31, 1898 169 U.S. 161
APPEAL FROM THE CIRCUIT COURT
OF APPEALS FOR THE FIFTH CIRCUIT
Syllabus
After the answers of this Court to the questions of the circuit court of appeals in this case, reported in New Orleans v. Benjamin, 153 U.S. 411, Benjamin amended his bill in the circuit court by inserting an averment that
each of said persons in whose favor said claims accrued and to whom said certificates were issued, are now, and were on the 9th day of February, 1891, citizens respectively of states other than the Louisiana, and competent as such citizens to maintain suit in this honorable court against the defendants for the recovery of said indebtedness, represented by said certificates, if no assignment or transfer thereof had been made.
The city demurred on the ground that the case was not one of equitable cognizance and that the amendment was insufficient to show jurisdiction. This demurrer was sustained in the circuit court, and the circuit court of appeals affirmed its decree because the necessary diversity of citizenship was not affirmatively shown. Held that this judgment of the circuit court of appeals was final, and could not be appealed from.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Benjamin v. New Orleans, 169 U.S. 161 (1898) in 169 U.S. 161 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=YZ3X85JRFZTEP7S.
MLA: U.S. Supreme Court. "Syllabus." Benjamin v. New Orleans, 169 U.S. 161 (1898), in 169 U.S. 161, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YZ3X85JRFZTEP7S.
Harvard: U.S. Supreme Court, 'Syllabus' in Benjamin v. New Orleans, 169 U.S. 161 (1898). cited in 1898, 169 U.S. 161. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=YZ3X85JRFZTEP7S.
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