Melville Fuller,
Timmons v. Elyton Land Company…
“ In the bill of exceptions, which appears in the record, it is stated that 'the plaintiffs were non-residents of the state of Alabama.' As the record does not show that the circuit court had jurisdiction of the suit, which depended upon the citizenship of the parties, the judgment must be reversed at the costs of the plaintiffs in error, and the cause remanded to the circuit court for further proceedings, (Menard v. Goggan, 121 U.S. 253, 7 Sup. Ct. Rep. 873; Robertson v. Cease, 97 U.S. 646; Brown v. Keene, 8 Pet. 112; Anderson v. Watt, 138 U.S. 694, ante, 449;) and it is so ordered. ”
