Morrison Waite,
Hartog v. Memory — Opinion of the Court
“ February 1, 1886. --- Here the citizenship of both the plaintiff and the defendant, as it was in good faith understood by the plaintiff to be, was stated in the declaration, and it was such as, if truly stated, gave the court jurisdiction. The defendant pleaded to the merits. He alone knew of the mistake as to his citizenship, and purposely omitted to make it known at the time. Under the issues joined the question of citizenship did not and could not arise. If a judgment had been rendered on the verdict, Memory would have been bound by it, notwithstanding both he and Hartog were aliens. ”
