Roger B. Taney

“ The case is now before us upon a writ of error on this judgment; and a motion is made to dismiss the case, upon the ground that neither the district Court nor this court could have jurisdiction of the suit; because the demandant is an alien, and there is no averment that the tenant was a citizen of New York. ”

“ The want of this averment of citizenship in the counts was not one of the causes of demurrer assigned by the tenant. The demurrers were decided against the demandant at August term, 1827; and further proceedings were had which it is unnecessary to state here, and the case continued until August term, 1831, when the defendant moved the court to dismiss the suit for want of jurisdiction: assigning as the foundation of this motion, the want of an averment of the pecuniary value of the lands demanded in the counts filed by the demandant. ”