Melville Fuller

“ Curtiss was followed, and it was decided that under the acts of 1887 and 1888 the circuit court has not jurisdiction, on the ground of diverse citizenship, if there are two plaintiffs to the action who are citizens of and residents in different states and the defendant is a citizen of and resident in a third state, and the action is brought in the state in which one of the plaintiffs resides. ”

“ Ellzey it was decided by this court, speaking through Marshall, C. J., that a citizen of the District of Columbia was not a citizen of a state, within the meaning of the judiciary act, and could not sue in a federal court. The same principle was asserted in reference to a citizen of a territory in the case of New Orleans v. Winter, and it was there held to defeat the jurisdiction, although the citizen of the territory of Mississippi was joined with a person who, in suing alone, could have maintained the suit. ”

“ Many other decisions are to the same effect, and in the late case of Merchants' Cotton-Press & Storage Co. v. Insurance Co. of North America, 151 U.S. 368, 384, 14 Sup. Ct. 367, 372, the rule in New Orleans v. ”