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BENJAMIN V. NEW ORLEANS, 169 U. S. 161 (1898)

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U.S. Supreme Court

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


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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