An Elementary Treatise on the Jurisdiction and Procedure of the Federal Courts - John Carter Rose - Google Cărți

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Sec. 193. Jurisdiction for Enforcing Rights Under the Laws

Regulating Commerce, the Immigration of

Aliens and Protecting Trade and Commerce

Against Restraints and Monopolies......

Sec. 194. Jurisdiction of Certain Proceedings Under the

National Banking Acts.

DIVERSITY OF CITIZENSHIP.

PAGE

Suits Which May be Brought in the Federal

Courts Because of the State or National Char-

acter of the Parties to Them.....

What Kinds of Diverse Citizenship Are Consti-

tutionally Sufficient to Give Jurisdiction to

the Federal Courts....

Sec. 197. District Courts Have No Jurisdiction of Suits

Between a State and Citizens of Another

State or Aliens.....

Sec. 198. District Courts May Have Jurisdiction of Suits

Between Citizens of Different States..... 137

What Does the Constitution Mean by a "State"?.. 137

What Makes One a Citizen of a State?...
138

Citizenship Not Synonymous With Residence... 138

Citizenship Not Dependent Upon Length of Resi-

Diverse Citizenship Does Not Exist Unless Every

Plaintiff is of Different Citizenship from Any

Citizenship of Corporations..

Federal Jurisdiction Because of Diversity of Citi-

zenship in Suits to Which Corporations Are

a Party Based on Legal Fiction....

Sec. 209. The Genesis of This Modern Fiction....

Presumption of Identical Citizenship of Corpora-

tion and Stockholders Held Rebuttable...... 142

Sec. 211. Corporations May be Treated as Citizens...... 143

Sec. 212. Presumption of Identical Citizenship of Corpora-

tions and Members Held Irrebuttable.

Sec. 213. The Modern Doctrine......

Sec. 215. The Fiction Does Not Extend to Joint Stock

Companies or Limited Partnerships....

Sec. 216. New Equity Rule 37...

Sec. 217. Municipal Corporations Treated as Citizens of

PAGE

Sec. 218. Controversies Between Citizens of States and For-

eign States, Citizens or Subjects.......
149

Place of Actual Residence of Alien Immaterial.. 149

No Length of Residence Will in Itself Turn an

Alien Into a Citizen.....

All Stockholders of a Foreign Corporation Con-

clusively Presumed Aliens..

Sec. 222. Foreign State or Sovereign May Sue in Federal

Record Must Show Alienage...

Every Plaintiff Must be of Diverse Citizenship

from Any Defendant.....

Parties Not Indispensable Need Not be Joined... 153

Section 50, Judicial Code...

Difference Between Necessary and Indispensable

Parties Without Whose Presence Justice Cannot

be Done Are Indispensable......

Sec. 229. Whose Citizenship Controls Where Suit in Name

of One Person, But for Benefit of Another?. 156

Sec. 230. Citizenship of Purely Nominal Parties Immate-

Sec. 231. Citizenship of Representative Parties Controlling. 157

Sec. 232. Citizenship at Time Suit Brought Controls....... 158

Sec. 233. Citizenship at Time of Bringing Original and Not

Ancillary or Supplemental Suit Controls.... 159

VENUE OF ACTIONS IN THE FEDERAL COURTS.

Sec. 234. Consideration of the Provisions of Paragraph 1,

Section 24, of Judicial Code Limiting Juris-

diction of Suits by Assignees Postponed...... 161

In What District or Districts a Plaintiff May

Sue-Statutory Rules

Sec. 236. Statutory Rules as to Venue Not Applicable to

Suits Against Aliens....

Sec. 237. Aliens and Alien Corporations Suable in Any Fed-

eral District in Which Service Can be Had... 162

Rule I-If Jurisdiction Exists on Any Ground

Other Than Diversity of State Citizenship,

Suit Can be Brought Only in the District of

Defendant's Residence

Rule II-Where Sole Ground of Jurisdiction is

Diverse State Citizenship Suit May be

Brought in the District of the Residence of

Either Plaintiff or Defendant....

PAGE

Sec. 240. Of What District Defendant is an Inhabitant.... 164

Defendant's Right to Object to Suit in Wrong

District May be Waived.....
165

General Appearance by Defendant Waives It.... 165

Objection Not Waived by Defendant Appearing

Specially to Object.....

When Service May be Obtained on a Corporation

Sued in District of Plaintiff's Residence..... 166

When is a Corporation Doing Business in a Dis-

trict so That It May be Sued Therein?...... 167

Each Plaintiff Must be Entitled to Sue Any De-

fendant in District in Which Suit is Brought. 168

Sec. 247. Two Plaintiffs Residing in Different Districts

May Sue Defendant in a Third District of

Which He is a Resident.....

Sec. 248. Federal Courts Can Seldom Issue Non-Resident

Attachments. . .

Sec. 249. Attachments Can be Issued by the District Court

When Other Suit Could be Prosecuted There-

Sec. 250. Special Provisions for States Which Are Divided

Into Two or More Districts..
171

District in Which Local Actions May be Brought. 171

Section 57 of the Judicial Code-Jurisdiction to

Enforce Liens and Remove Encumbrances... 172

Sec. 253. Do.-Defendant Not Personally Served May Have

Decree Set Aside at Any Time Within a Year

of Its Entry. . . . .

Sec. 254. Do.-Suits to Partition Lands and Remove

Do.-Suits to Enforce Trusts...

Do.-Suits to Enforce Rights in Shares of Stock.. 175

Section 57 of Judicial Code Rather Strictly Con-

Suits for Infringement of Patents and Copyrights. 176

Actions Under the Employer's Liability Act and

Sherman Anti-Trust Act......

Actions on Bonds of Contractors for Public Im-

provements. . .

JURISDICTION OF FEDERAL COURTS AS AFFECTED BY

ASSIGNMENTS AND TRANSFERS.

Introduction. . .

General Jurisdictional Test in All Cases of As-

signment-Sham Assignments Will Not Con-

fer Jurisdiction

PAGE

Sec. 263. Do.-If Assignment Genuine, Motive Immaterial. 180

Sec. 264. Special Statutory Jurisdictional Test as to As-

signed Choses in Action-District Court Has

No Jurisdiction Unless It Would Have, Had

There Been No Assignment......

At What Time Must Court Have Had Jurisdiction

Had There Been No Assignment....

Sec. 266. When There Have Been Several Successive As-

signments, to Which Does the Statute Refer?. 182

What is a Chose in Action in the Statutory

Sense?-Mortgages.

Do.-Contracts for the Conveyance of Lands.... 185

Do. Is a Judgment for Tort a Chose in Action

Within the Meaning of the Statute?........ 185

Sec. 270. Right of Assignee to Sue as Affected by the Re-

quirement of a Minimum Amount in Contro-

Sec. 271. Does the Assignment Statute Have Any Rela-

tion to the Venue of Actions?....

Exceptions-Foreign Bills of Exchange....

Do.-Instruments Payable to Bearer Made by a

Corporation Also Excepted from Assignment

Sec. 274. When in the Sense of the Statute Does the As-

signee. Sue to Recover Upon a Chose in Ac-

tion? The Suit Must be Brought Upon the

Chose in Action....

Sec. 275. Do.-The Assigned Chose in Action Must be the

Cause of Action..

Sec. 276. Do.-Suits by Drawers Against Acceptors Are

Do.-Suits by Endorsees Against Endorsers Are

Sec. 278. Do.-Suits by Those Claiming Under Subroga-

tion Are Not.....

Do.-Suits Upon Novations Are Not..

Do.-Suits by Lessors Against Assignees of Les-

sees Are Not...

Do. Suits by Party to Contract Against Assignee

of Other Are Not...

Do.-Suits for Trespass to Property Are Not.... 193

Sec. 283. Duty of Court to Dismiss Suits Not Involving a

Controversy Within Its Jurisdiction...

Do.-History of the Statutory Provision...

Do.-Application of the Statutory Provisions to

Sec. 286. Do.-Plaintiff's Alignment of Parties Does Not

Bind the Court.

B

PAGE

Sec. 287. Do.-Suits by a Stockholder Against a Corpora-

tion and Others.....

Sec. 288. Do.-How Collusion is Sought to be Prevented in

Suits by a Stockholder Against a Corpora-

tion and Others.

Do.-Equity Rule 27....

Do.-Removal to Federal Courts Cannot be Pre-

vented by False Alignment of Parties by State

Court Plaintiff

Sec. 291. When Objection to the Jurisdiction Should be

Sec. 292. Necessary Allegations in Suits by Assignees...

REMOVAL OF CASES FROM STATE TO FEDERAL COURTS.

Sec. 294. Why Removal is Permitted..

Rules Regulating Removals-Ordinarily No Suit

Can be Removed Unless It Could Have Been

Brought Originally in the District Court.... 203

Sec. 296. Right of Removal Because Federal Question In-

volved-Existence of Such Question Must be

Shown by Plaintiff's Statement of His Own

Sec. 297. Cases Which Are Not Removable Although They

Involve a Federal Question-Under the Em-

ployer's Liability Act... . . .

Sec. 298. Do.-Against Common Carriers to Recover Dam-

ages for Delay, Loss of, or Injury to, Prop-

erty Unless Upwards of $3,000. in Contro-

Sec. 299. Do.-Suits Against Receivers Appointed by Fed-

Suits in Equity Permitted by State Practice

Where in 1789 Relief Must Have Been

Sought at Law, Are Not Removable.

Removal on the Ground of Diversity of Citizen-

Do.--When Suit Brought and Removal Sought.. 208

Do.-Owner of Property Sought to be Condemned

is Treated as Defendant....

Sec. 304. Right of Removal in Cases Between Citizens and

Aliens An Alien Defendant May Remove His

Case Whether the Plaintiff be or be Not a

Resident of the District.....

Sec. 305. Do.-May a Defendant Who is Sued by an Alien

in a State Court of a District of Which Such

Defendant is a Non-Resident Remove His

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