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PARKER V. ORMSBY, 141 U. S. 81 (1891)

U.S. Supreme Court

Parker v. Ormsby, 141 U.S. 81 (1891)

Parker v. Ormsby

No. 1658

Submitted April 27, 1891

Decided May 25, 1891

141 U.S. 81


In a suit by the assignee of a promissory note payable to the order of the payee, where the jurisdiction of the circuit court depends upon the citizenship of the parties, it must appear affirmatively in the record that the payee could have maintained the action on the same ground.

A party cannot, by proceedings in the circuit court, waive a question of the jurisdiction of that court so as to prevent its being raised and passed upon here.

Page 141 U. S. 82

The case is stated in the opinion.

MR. JUSTICE HARLAN delivered the opinion of the Court.

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