What is CITIZEN? Definition of CITIZEN in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
A member of a free city or jural society, (civitas,) possessing all the rights and privileges which can be enjoyed by any person under its constitution and government, and subject to the corresponding duties. "Citizens" are members of community inspired to common goal, who, in associated relations, submit themselves to rules of conduct for the promotion of general welfare and conservation of individual as well as collective rights. In re McIntosh, D.C.Wash., 12 F. Supp. 177.
The term appears to have been used in the Roman government to designate a person who had the freedom of the city, and the right to exercise all political and civil privileges of the government. There was also, at Rome, a partial citizenship, including civil, but not political rights. Complete citizenshi p embraced both. Thomasson v. State, 15 Ind. 451; 17 L.Q.Rev. 270; 1 Sel.Essays in Anglo Amer. L.H. 578.
A member of a nation or body politic of the sovereign state or political society who owes allegiance, Luria v. U. S., 34 S.Ct. 10, 19, 231 U.S. 9, 58 L.Ed. 101; U. S. v. Polzin, D.C.Md., 48 F.Supp. 476, 479.
A member of the civil state entitled to all its privileges. Cooley, Const.Lim. 77. One of the sovereign people. A constituent member of the sovereignty synonymous with the people. Scott v. Sandford, 19 How. 404, 15 L.Ed. 691.
In American Law
One who, under the constitution and laws of the United States, or of a particular state, is a member of the political community, owing allegiance and being entitled to the enjoyment of full civil rights. Amy v. Smith, 1 Litt. (Ky.) 331; Minor v. Happersett, 21 Wall. 162, 22 L.Ed. 627.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. Amend. XIV, Const.U.S.; Nyman v. Erickson, 100 Wash. 149, 170 P. 546, 547.
The term may include or apply to an elector qualified to vote in an election, Belmont v. Town of Gulfport, 97 Fla. 688, 122 So. 10; children of alien parents born in United States, Von Schwerdtner v. Piper, D.C.Md., 23 F.2d 862, 863; U. S. v. Minoru Yasui, D.C.Or., 48 F.Supp. 40, 54; children of American citizens born outside United States, Hoaland v. Attorney General of United States, D.C.Md., 42 F.Supp. 13, 22; Indians, United States v. Hester, C.C.A. Okl., 137 F.2d 145, 147; State v. McAlhaney, 220 N.C. 387, 17 S.E.2d 352, 354; national banks, American Surety Co. v. Bank of California, C.C.A.Or., 133 F.2d 160, 162; Ezzell v. First Nat. Banks, 218 Ala. 462, 119 So. 2, 3; negroes and whites, United States v. Ellis, D.C.S.C., 43 F.Supp. 321, 324; nonresident who has qualified as administratrix of estate of deceased resident, Williams' Code Tenn. § 8236. Hunt v. Noll, C.C.A.Tenn., 112 F.2d 288, 289; persons entitled to privileges and immunities conferred upon same terms upon which they are conferred upon other citizens, Austin v. United States, D.C.I11., 40 F.Supp. 777, 778.
The terms "citizen" and "citizenship" are distinguishable from "resident" or "inhabitant." Jeffcott v. Donovan, C.C.A.Ariz., 135 F.2d 213, 214; and from "domicile," Wheeler v. Burgess, 263 Ky. 693, 93 S.W.2d 351, 354; First Carolinas Joint Stock Land Bank . of Columbia v. New York Title & Mortgage Co., D.C.S.C., 59 F.2d 350, 351. The words "citizen" and "citizenship," however, usually include the idea of domicile, Delaware, L. & W. R. Co. v. Petrowsky, C.C.A.N.Y., 250 F. 554, 557; citizen inhabitant and resident often synonymous, Jonesboro Trust Co. v. Nutt, 118 Ark. 368, 176 S.W. 322, 324; Edgewater Realty Co. v, Tennessee Coal, Iron & Railroad Co., D.C.Md., 49 F. Supp. 807, 809; and citizenship and domicile are often synonymous. Messick v. Southern Pa. Bus Co., D.C.Pa., 59 F. Supp. 799, 800.
A corporation is a citizen of state under whose laws it Is created and a nonresident of every other state. Jackson Securities & Investment Co. v. State, 241 Ala. 288, 2 So.2d 760, 764. It is not a citizen within meaning of federal constitution declaring citizens of each state entitled to privileges and immunities of citizens in the several states or within Fourteenth Amendment prohibiting states from abridging privileges and immunities ot citizens of United States, J. D. L. Corporation v. Bruckman, 11 N.Y. S.2d 741, 746, 171 Misc. 3; but see In re Thermiodyne Radio Corporation, D.C.Del., 26 F.2d 713, 714; nor within statute authorizing citizens of United States to prosecute appeal to Circuit Court of Appeals without prepaying costs or giving security, Atlantic S. S. Corporation v. Kelley, C.C.A.Fla., 79 F.2d 339, 340; nor within statute authorizing permission to citizens to sue in forma pauperis, Quittner v. Motion Picture Producers & Distributors of America, C.C.A.2, 70 F.2d 331, 332; nor within statute requiring suit in district wherein either plaintiff or defendant resides. Standard Stoker Co. v. Lower, D.C.Md., 46 F.2d 678. 684; Sutherland v. U. S., C.C.A.Neb., 74 F.2d 89, 92. Insurance companies, incorporated under state law. are "citizens of this state" within statute requiring foreign insurance companies to file bonds for payment of their obligations to such citizens. Republic Ins. Co. v. Cunningham, Tex.Civ.App., 62 S.W.2d 339, 343. The term "citizen" will not be construed to include a corporation, unless the general purpose and import of the statutory or constitutional provision seems to require it. St. Louis & S. F. R. Co. v. State, 120 Ark. 182, 179 S. W. 342, 343, Ann.Cas.1917C, 873; Jennings v. Idaho Ry., Light & Power Co., 26 Idaho, 703, 146 P. 101, 102, L.R.A.1915D, 115, Ann.Cas.1916E, 359.
Neither a corporation nor a partnership is a citizen of the United States entitled to immunity from service of summons by substituted service, Western Mut. Fire Ins. Co. v. Lamson Bros. & Co., D.C.Iowa, 42 F.Supp. 1007, 1012.
Filipinos are not citizens of United States, De Cano v. State, 7 Wash.2d 613, 110 P.2d 627, 631; People v, Cordero, 50 Cal.App.2d 146, 122 P.2d 648, 649; but see holding that Filipinos are within provision of Neutrality Act defining "citizen" as including any individual owing allegiance to the United States. Suspine v. Compania Transatlantica Centroamericana, S. A., D.C.N.Y., 37 F.Supp. 268, 271.
A state cannot be a citizen. Query v. 206 Cases of Assorted Liquor, D.C.S.C., 49 F.Supp. 693, 695.
But a state and the federal government each has citizens of its own, and the same person may be at the same time a citizen of the United States and a citizen of a state. The government of the United States can neither grant nor secure to its citizens rights or privileges which are not expressly or by implication placed under its jurisdiction. All that cannot be so granted or secured are left to the exclusive protection of the states. U. S. v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588.
With reference to the jurisdiction and power of federal courts and removal of actions a citizen of the District of Columbia is not a "citizen of a state", Neild v. District of Columbia, 110 F.2d 246, 249, 71 App.D.C. 306; Glaeser v. Acacia Mut. Life Ass'n,D.C.Cal., 55 F.Supp. 925, 926; a corporation is a citizen of the state where it is organized, and a foreign corporation does not become a citizen of another state where it is authorized to carry on business, Van Buren v. Connecticut Gen. Life Ins. Co., D.C.Mass., 42 F.Supp. 279, 280; a municipal subdivision, such as county, city, town, or school district, is a citizen, Siegel v. City of Detroit, Department of Street Railways, D.C.Mich., 52 F.Supp. 669; Pettibone v. Cook County, Minn., C.C.A. Minn., 120 F.2d 850, 852; a national bank is a citizen of state where it has its principal place of business, American Surety Co. of New York v. Bank of California, D.C.Or., 44 F.Supp. 81, 83; Atwood v. National Bank of Lima, C.C.A. Ohio, 115 F.2d 861, 862; a state is not a citizen, Board of Health of Township of Hillside v. Mundet Cork Corporation, 126 N.J.Eq. 100, 8 A.2d 105, 106, 107; State of North Dakota v. National Milling & Cereal Co., C.C.A.N.D., 114F.2d 777, 779; State Highway Commission of Wyoming v. Utah Const. Co., (Wyo.) 49 S.Ct. 104, 106, 278 U.S. 194, 73 L.Ed. 262; a turnpike commission is a citizen, HunkiriConkey Const. Co. v. Pennsylvania Turnpike Commission, D.C.Pa., 34 F.Supp. 26, 28; an association is not a citizen, Rife v. Lumber Underwriters, C.C.A.Tenn., 204 F. 32, 35; Village Mills Co. v. Houston Oil Co. of Texas, Tex.Civ. App., 186 S.W. 785, 788; domicile and citizen are synonmous in federal courts, Earley v. Hershey Transit Co., D.C. Pa., 55 F.Supp. 981, 982; inhabitant, resident and citizen are synonymous, Standard Stoker Co. v. Lower, D.C.Md., 46 F.2d 678, 683.
In English Law
An inhabitant of a city. 1 Rolle, 138. The representative of a city, in parliament. 1 Bl.Comm.174.
The word "subject" is used to designate an inhabitant of the country, or one amenable to the laws of the nation.
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