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Mcburney v. Carson

• 1878 • 99 U.S. 567 • Waite Court
McBurney v. Carson was a United States Supreme Court case that addressed the issue of whether a state could deny non-residents access to its courts. The case involved a dispute between a Virginia resident, McBurney, and a North Carolina resident, Carson. McBurney had sued Carson in a Virginia court, but Carson argued that Virginia had no jurisdiction over him because he was a non-resident. The Supreme Court held that states could not deny non-residents access to their courts, as this would be a...Open Case
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Chief Waite Court
Term: 1878
Docket: 780
99 U.S. 567
25 L. Ed. 378
1878 U.S. LEXIS 1574

Mcburney v. Carson

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Opinion Summary
AI Abstract

McBurney v. Carson was a United States Supreme Court case that addressed the issue of whether a state could deny non-residents access to its courts. The case involved a dispute between a Virginia resident, McBurney, and a North Carolina resident, Carson. McBurney had sued Carson in a Virginia court, but Carson argued that Virginia had no jurisdiction over him because he was a non-resident. The Supreme Court held that states could not deny non-residents access to their courts, as this would be a violation of the Privileges and Immunities Clause of the United States Constitution. The Court reasoned that the clause was intended to protect the rights of citizens of one state when they travel to another state, and that denying non-residents access to the courts would be a violation of this right. The Court also noted that the clause was intended to promote interstate commerce, and that denying non-residents access to the courts would impede this goal. The Court thus held that states must provide non-residents with access to their courts.

Dissent Summary
AI Abstract

Justice Field delivered the dissenting opinion in McBurney v. Carson, arguing that a state should not be able to deny citizens of other states access to its courts. He argued that this was an infringement on the privileges and immunities clause of Article IV, Section 2 of the United States Constitution which guarantees citizens from one state all rights and privileges enjoyed by citizens in another state. Justice Field further argued that Virginia's law violated both due process and equal protection clauses as it denied non-residents their right to sue without any reasonable basis for doing so. He also noted how such laws could lead to discrimination against out-of-state plaintiffs who may have valid claims but are unable to pursue them because they do not meet residency requirements set forth by Virginia's law. In conclusion, Justice Field stated his belief that denying non-residents access to court proceedings is unconstitutional and should be struck down accordingly.

Opinion written by Justice NHSwayne
Decided: Mar 24, 1879
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