ERROR to a judgment of the circuit court for the district of Georgia. The plaintiffs below (or petitioners as they are called in the record) "aver, that they do severally reside without the limits of the district of Georgia aforesaid, to wit, in the state of Kentucky, therefore, they have the right to commence their said action in this honourable court," c. The defendant is called Charles Abercrombie, of the district of Georgia, Esq.
This averment follows immediately after the ad damnum, at the foot of the declaration.
It was assigned for error that the circuit court had not jurisdiction of the cause, because it does not appear upon the record that either of the parties is an alien, nor that the parties are citizens of different states. And for this error the judgment was reversed without argument.
The Court said that the question had been decided, after full argument, in the case of Bingham v. Cabot, 3 Dall. 383. and they did not think proper to overrule that case.