Ladew v. Tennessee Copper Co.

Citations

• 218 U.S. 357
• 31 S. Ct. 81
• 54 L. Ed. 1069
• 1910 U.S. LEXIS 2031

Syllabus

<p>Plaintiffs, citizens of States other than that of the defendant, brought suit against the. defendants in the Circuit Court of the United States for a district of which neither plaintiffs nor this defendant were inhabitants to compel defendants, to abate a nuisance carried on in that district and which was causing damage to plaintiffs’ property in another State and in which neither they nor the defendant resided; the Circuit Court dismissed as to this defendant for want of jurisdiction, -neither it nor the plaintiffs being inhabitants of that district. In affirming judgment held that:</p> <p>Diversity of citizenship — nothing njore appearing — will not give the Circuit Court jurisdiction to render judgment in 'personam, where neither- plaintiff nor defendant is an inhabitant of the district in which the suit is brought and the 'defendant appears specially and objects to the jurisdiction.</p> <p>The jurisdiction given to the Circuit Court by § 8 of the act of March 3, 1875, c. 137', 18 Stat. 470, of- suits to .enforce legal or equitable claims to real or personal property within the district, even if the parties are not inhabitants of the district, does not extend to suits to compel the owner of real estate in the district to abate a nuisance maintained thereon. Such a cause of action is not a claim or lien upon the property.</p> <p>The jurisdiction of the Circuit Courts is determined by acts of Congress enacted in pursuance of the Constitution, and even if the jurisdiction already granted can be extended by Congress, those courts cannot, until such legislation is enacted, exercise jurisdiction not yet conferred upon them.</p>