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Constitutional Law Keyed to Maggs
Dred Scott v. Sandford
Citation:60 U.S. 393 (1856)
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Dred Scott, a slave owned by Dr. John Emerson, was taken from the slave state of Missouri to the free state of Illinois and later to the free territory of Wisconsin. in 1838, after Emerson married, he summoned Scott back to Missouri. Upon Emerson’s death, Scott filed a suit in federal court in Missouri against John Sanford, a citizen of New York and the administrator of Emerson’s estate, for assault and imprisonment. Scott claimed that his residence in Illinois and later the Wisconsin territory made him a free person. In response, Sanford moved to dismiss on the ground that the court lacked jurisdiction. Sanford asserted that Scott was not a citizen, and therefore there was no diversity of citizenship.
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