Melville Fuller

“ All the parties were citizens of the district of New Hampshire, and the bank was located therein; and, in our judgment, the circuit court for that district had no jurisdiction. A motion to dismiss the appeal on this ground has heretofore been made, but was overruled, as this court undoubtedly has appellate jurisdiction to deterdmine whether the circuit court had orii nal jurisdiction. ”

“ The bill was demurred to by the respondents, and the demurrer sustained upon the ground that the plaintiff could not maintain his bill because of his failure to bring himself within equity rule 94; and thereupon a decree was entered dismissing the bill, with costs, and an appeal was prayed to this court. ”