Melville Fuller

“ Curtiss, 3 Cranch, 267, 2 L. ed. 435, was quoted: 'The court understands these expressions to mean that each distinct interest should be represented by persons, all of whom are entitled to sue, or may be sued, in the Federal courts. That is, that where the interest is joint, each of the persons concerned in that interest must be competent to sue, or liable to be sued, in those courts;' which construction, it was said, has been adhered to from that day to this, notwithstanding the statute has been re-enacted and recast several times since that decision. ”

“ Rep. 303, that where there were two plaintiffs, citizens of different states, the defendant, being a citizen of another state, could not be sued in the state of either of the plaintiffs. Mr. Justice Miller points out, in delivering the opinion of the court, that the evident purpose of Congress in the act of 1887 was to restrict rather than enlarge the jurisdiction of the circuit court, 'while,' he says, 'at the same time, a suit is permitted to be brought in any district where either plaintiff or defendant resides. ”

“ This would be true if there were but one plaintiff or one defendant. But the statute makes no provision, in terms, for the case of two defendants or two plaintiffs who are citizens of different states. ”