OF THE Supreme Court of the United States AT DECEMBER TERM, 1870. THE NEW ORLEANS & BAYOU SARA which the circuit court could entertain juris MAIL COMPANY, Appt., v. ANTHONY FERNANDEZ et al. (See S. C. 12 Wall. 130-136.) Only party appealing may assign error-parties, residence of--practice, where court below is without jurisdiction. No one but an appellant can be heard in an ap pellate court for the reversal of a decree rendered in the subordinate court. Appellees may be heard in support of the decree, but not for reversal. Where it appears on the face of the pleadings, that both parties are citizens of the same state, the bill of complaint is properly dismissed for want of jurisdiction. Where the circuit court is without jurisdiction, it is in general irregular to make any order in the cause except to dismiss the suit, but the court may set aside such orders as had been improperly made before the want of jurisdiction was discovered. [No. 9 of Dec. Term, 1869.] Submitted Dec. 8, 1869. Decided Jan. 24, 1870. United States for the Eastern District of Louisiana. The petition in this case was filed in the court below by the appellants, for the recovery of the steamboats Laurel Hill and Iberville. A decree having been entered in favor of the plaintiff for the Iberville and in favor of the defendants for the Laurel Hill, the said plaintiff took an appeal to this court. The case is fully stated by the court. Mr. Wm. M. Evarts, for appellant, declined to present any argument in this court. Mr. E. R. Hoar, Atty. Gen., for appellee: The petition does not show that the case is within the jurisdiction of the circuit court. diction of the case, in virtue of the subjectmatter. The circuit court could not entertain jurisdiction of the cause as a case in admiralty. Gov. of Ga. v. Madrazo, 1 Pet. 110; The Hollen, 1 Mas. 431. The case was plainly not one for the interposition of a court of equity by injunction. Watson v. Sutherland, 5 Wall. 79, 18 L. ed. 582. There was a plain and adequate remedy at law for any injury which the plaintiff might suffer by the seizure and sale of its vessel; and there was no occasion whatever for the interference of a court of equity. No injunction could lie against the defendant, Flanders, as a public officer, acting in the line of the duty and authority conferred upon him by the captured property acts. Frewin v. Lewis, 4 Myl. & Cr. 255; Ad. Eq., 212. The action of this court in the case of Elgee v. Lovell, decided by a divided court, December the doctrine of the exclusive jurisdiction of the court of claims in this class of cases. The court below endeavored to determine the validity of the original capture of the vessel. It held, in effect, that a vessel captured May 8, 1862, was rightfully captured; while one captured May 22, 1862, was wrongfully cap tured by the military. Whether the court was right in taking cogin the first case was clearly right, under the nizance of that question or not, the conclusion decision of this court in the case of The Venice, 2 Wall. 273, 17 L. ed. 866. This court should reverse the judgment and remand the case, with directions to enter a judgment dismissing the case for want of jurisdiction. Barney v. Baltimore, 6 Wall. 289, 18 It is familiar doctrine, that in order to main tain a suit in the circuit court the jurisdiction must appear on the record. Sullivan v. Steam-L. ed. 828. boat Co. 6 Wheat. 450. An omission to aver the citizenship of the parties, or other facts necessary to give jurisdiction, is a fatal defect on error, although no question of jurisdiction was made in the court below. Piquignot v. Railroad Co. 16 How. 104. For aught that appears on the record, the parties were all citizens of the state of Louisiana. We are not aware of any act of Congress by Mr Justice Clifford delivered the opinion of the court: Authority was conferred upon the Secretary of the Treasury, by the act of the 12th of March, 1863, to appoint special agents to receive and collect abandoned or captured property in any state or territory designated as in insurrection by the proclamation of the Presi |