Henry Baldwin

“ It is said, that Guy C. Irvine is not a party in this cause, because he may be a witness. But if he can be a witness, which is denied, it does not follow that he is not a party. Does the jurisdiction of the Court of the United States depend on the legislature, or on the decisions of the Courts of the states? In many of the states a party is a witness to an account; and according to the rule now set up, this would deprive the Courts of the United States of jurisdiction in a case between citizens of different states, when an account was the subject of contestation. ”

“ Irvine, in whose name the suit is brought, is a citizen of Pennsylvania; the Lumberman's Bank of Warren is a corporation chartered by a law of that state, and located at Warren; part of the stockholders are citizens of New York, of which state the defendant is also a citizen. ”

“ Whatever right of action existed in virtue of the bond, passed by the operation of the law of Virginia directly to the person for whose benefit it was given, through the conduit appointed for that purpose. ”