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The Memory of My Father,
DWIGHT FOSTER,
FORMERLY JUSTICE OF THE SUPREME JUDICIAL COURT OF MASSACHUSETTS,
I DEDICATE THIS BOOK
BEGUN AT HIS SUGGESTION
ALTHOUGH HE DID NOT LIVE TO CORRECT ITS FAULTS.
TABLE OF CONTENTS
VOLUME I.
CHAPTER I.
ORIGINAL JURISDICTION.
§ 1. Constitutional provisions concerning the courts of the United
States ...
§ 2. Enumeration of the courts of the United States..
§ 3. Original jurisdiction and terms of the Supreme Court.
§ 3a. Practice in the original jurisdiction of the Supreme Court....
4. The jurisdiction and terms of the Circuit Courts of Appeals and
the judicial circuits
§ 5. Jurisdiction of the District courts. In general..
§ 5a. Jurisdiction of suits on contractors' bonds....
§ 6. Value of the matter in dispute. In general....
§ 7. Value of the matter in dispute in action for damages.
Page
1
2
4
7
9
13
28
34
42
§ 8. Value of the matter in dispute in ejectment, and other suits to
obtain the possession of land..........
9. Value of the matter in dispute in action to recover possession of
personal property
47
§ 10. Value of the matter in dispute in suits of foreclosure.
§ 11. Value of the matter in dispute in suits to redeem.
§ 12. Value of the matter in dispute in suits to quiet title..
§ 13. Value of the matter in dispute in suits for injunctions..
§ 14. Value of the matter in dispute upon taxpayers' bills..
§ 15. Value of the matter in dispute upon creditors' bills..
§ 16. Value of the matter in dispute upon stockholders' bills...
48
49
50
55
57
§ 17. Value of the matter in dispute when there are joint plaintiffs..
§ 17a. Value of the matter in dispute in suits on behalf of a class....
§ 18. Value of the matter in dispute when there are joint defendants
§ 19. Consideration of interest in estimating the value of the matter
in dispute .....
59
63
64
68
§ 20. Consideration of costs in estimating the value of the matter in
dispute ...
§ 21. Consideration of counterclaims in estimating the value of the
matter in dispute....
ix
70
§ 22. Effect of admissions by the defendant upon the value of the
71
§ 23. Effect of a defense apparent in the plaintiff's pleading upon
the value of the matter in dispute...
72
§ 24. Suits arising under the Constitution or laws of the United
....
States. In generalsIAT
§ 25. Suits arising under the Constitution of the United States.
§ 26. Suits arising under treaties of the United States......
§ 27. Suits where the parties are Federal corporations. In general..
§ 28. National banking association's...!.!.
§ 29. Patent and copyright cases.
§ 30. Trademark cases
§ 31. Land and mining cases.
§ 32. Cases arising under the laws relating to navigable waters..
§ 32a. Cases arising under the Interstate Commerce Law...
§ 33. Suits on judicial and official bonds..
73
84
97
98
101
103
107
110
111
118
§ 34. Suits by and against officers of the United States..
119
§ 35. Suits by and against receivers of national banks..
§ 36. Suits by and against receivers of Federal corporations.
§ 37. Suits by and against receivers of Federal courts.
§ 38. Suits by and against trustees in bankruptcy....
$39. Suits arising out of litigation in the Federal courts.
§ 40. Controversies between citizens of different States.
§ 41. Parties to the controversy.
$42. Formal parties to the controversy..
§ 43. Unnecessary parties to the controversy.
§ 48. Unincorporated stock companies and associations...
§ 49. Partnerships
$ 52. Property in the custody of another court of co-ordinate juris-
diction. In general...
$ 54. Property in the custody of State courts of probate...
§ 55. Property in the custody of receivers......
189
198
199
206
§ 56. Controversies between State sheriffs and United States mar-
shals; and those arising out of attachments, garnishee process
and executions.....
211
§ 57. Effect of jurisdiction of another court over same cause of action 215
§ 58. Effect of the custody, by another court, of the person of an
accused in criminal proceedings, or otherwise.
218