
    Case No. 12,828.
    SHUTE v. DAVIS.
    [1 Pet. C. C. 431.] 
    
    Circuit Court, D. Pennsylvania.
    April Term, 1817.
    Courts — Federal Jurisdiction — Citizenship.
    1. The circuit court has no jurisdiction, when neither of the parties in the suit, are citizens of the state in which the action is instituted.
    [Cited in Donaldson v. Hazen. Case No. 3,-984; Dundas v. Bowler, Id. 4,140; Allen v. Blunt, Id. 215.]
    2. Where the plaintiff was a citizen of Kentucky, and one of the defendants was a citizen of Pennsylvania, and the other defendant a citizen of New Orleans, but no process had been served on the latter, the jurisdiction of the court, in the case was maintained.
    [Cited in Picquet v. Swan. Case No. 11,134; Nesmith v. Calvert., Id. 10,123; Heriot v. Davis, Id. 6,404.]
    [Cited in Wills v. Home Ins. Co., 28 Iowa, 546.]
    [3. Cited in Smith v. Allen, 1 Blackf. 24, note 1, to the point that in ejectment the legal title must prevail.]
    Motion on arrest of judgment, upon the ground of want of jurisdiction. The declaration stated the plaintiff to be a citizen of the state of New York, and the defendant to be a citizen of New Jersey.
   WASHINGTON, Circuit Justice.

This point was settled in the case of Craig v. Cummins [Case No. 3,331], decided in this court, in January, 1811. The judgment must therefore be arrested.  