Page:Federal Reporter, 1st Series, Volume 9.djvu/453

e38 FEDERAL BSPOBTBB. �He refers to Lewit v. Smythe, 2 Wood, lli. This authority is noi quite up to the text, but Judge Wood, in his opinion, uses this very suggestive language : �" By the word ' trial,' as used in this statute, (1875,) I do not understand the argument, investigation, or decision of a question o£ law merely, unless it is decisive of the trial, and the decision resulta in a final judgment or decree. The decision of a court, on a demurrer, for instance, or on exceptions to the Bufficiency of a plea, which is followed by amendment or new pleadings, and which does not cure the case, is not the trial meant by the statute." �If, however, the decision of the question of law does, as in this case, end the case in a final judgment, would it not, in the opinion of the learned judge, have been a trial within the meaning of the aet of 1875 ? �We conclude that the removail in this case was not before the iirst trial, and the case should, therefore, be remanded. ���Bhooks ». Bailey. �(CircvU Court, B. Vtrmont. October Tenn, 1881.) �Cebcuit Court Juribdiotion — Cttizenship. �In a suit which has heen brought in a circuit court of the United tates, tt la immaterial, so far as the jurisdiction of the court is concerned, of \v ni one of the States the plaintiiX is a citizen, pro^ided the parties arc citizeiui ni diilerent gtates. �In Equity. �Eleazer R. Hard, for plaintiff. �George Wilkins and Henry Ballard, for defendant. �Wheelee, D. J. This is a bill in equity in which the orator sets himself up as of Boston, in the state of Massachusetts, and a citizen of that state, and the defendant as of Stowe, in the state of Vermont, and a citizen of that state. The defendant has pleaded that at the time of the bringing of the bill he was, and now is, a citizen of the state of New Hampshire, and that neither he nor the orator then was or now is a citizen of the state of Vermont ; and this plea has been argued. By the provisions of the constitution the judicial power of the United States was made to extend to controversies between citi- zens of different states. Article 3, § 2. By the judiciary act of 1789, congress conferred upon the circuit courts jurisdiction of all suits of a civil nature, at common law or in equity, of the required amount, between a citizen of the state where the suit is brought and a citizen of another state, Chapter 20, § 11; 1 St. at Large, 78. ��� �