Joseph Story

“ The obvious error in the judgment of the circuit court was the want of jurisdiction over the parties. The suit, pursuing the form of action prescribed by the statute of Mississippi, is against the makers and indorser of the note, and there is a general judgment against all. Thus, while no right under the judiciary act of 1789 exists to sue in the circuit court, the parties, whose only obligations were to the indorser of the note, both citizens of Mississippi, the court allow proceedings against them, because, by the Mississippi statute, the suit must be against all the parties ”

“ The rule of court which adopted the practice under the Mississippi statute, was not authorized by the judiciary act. The courts of the United States have no authority to make such rules; the power is only in congress. Cited, 2 Laws United States, § 11, p. 61. Jurisdiction cannot be given by rules of court. ”