An Elementary Treatise on the Jurisdiction and Procedure of the Federal Courts |
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Page xiii
... Banks ... Cases Arising Under a Treaty of the United States . . . . 130 131 Sec . 186 . Cases Involving a Federal Question and Not De- Sec . 187 . Sec . 188 . pendent Upon the Amount in Controversy ... 131 Subjects Already Discussed ...
... Banks ... Cases Arising Under a Treaty of the United States . . . . 130 131 Sec . 186 . Cases Involving a Federal Question and Not De- Sec . 187 . Sec . 188 . pendent Upon the Amount in Controversy ... 131 Subjects Already Discussed ...
Page xiv
... Banking Acts . CHAPTER VIII . DIVERSITY OF CITIZENSHIP . PAGE 134 135 Sec . 195 . Sec . 196 . 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 ...
... Banking Acts . CHAPTER VIII . DIVERSITY OF CITIZENSHIP . PAGE 134 135 Sec . 195 . Sec . 196 . 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 ...
Page 8
... Bank of North America brought suit in a Circuit Court of the United States against one Turner as administrator of a certain Stanley upon a promissory note drawn by the deceased to the order of Biddle & Co. , and by that firm endorsed ...
... Bank of North America brought suit in a Circuit Court of the United States against one Turner as administrator of a certain Stanley upon a promissory note drawn by the deceased to the order of Biddle & Co. , and by that firm endorsed ...
Page 9
... of the defendant . The parties wished to have a decision of the Supreme Court upon 1 Turner vs. Bank of North America , 4 Dallas , 11 . the merits . They united in asking the Court to CHAP . I. ] 9 JURISDICTION MUST APPEAR .
... of the defendant . The parties wished to have a decision of the Supreme Court upon 1 Turner vs. Bank of North America , 4 Dallas , 11 . the merits . They united in asking the Court to CHAP . I. ] 9 JURISDICTION MUST APPEAR .
Page 13
... Bank of North America , 4 Dallas , 11 . error sued out , and the case has been heard CHAP . I. ] WHEN JURISDICTION PRESUMED . 13 Objection to the Absence of Jurisdictional Allega- tions Cannot be Made After the Judgment Decree Itself ...
... Bank of North America , 4 Dallas , 11 . error sued out , and the case has been heard CHAP . I. ] WHEN JURISDICTION PRESUMED . 13 Objection to the Absence of Jurisdictional Allega- tions Cannot be Made After the Judgment Decree Itself ...
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Other editions - View all
An Elementary Treatise on the Jurisdiction and Procedure of the Federal ... John Carter Rose No preview available - 2018 |
An Elementary Treatise on the Jurisdiction and Procedure of the Federal Courts John Carter 1861-1927 Rose No preview available - 2021 |
An Elementary Treatise on the Jurisdiction and Procedure of the Federal Courts John Carter Rose No preview available - 2016 |
Common terms and phrases
admiralty alleged amended amount in controversy appellate jurisdiction application appointed arising assignment authority Bank bill brought suit cause Chief Justice chose in action Circuit Court circuit judge citizens of different civil clerk cognizance committed common law Constitution corporation County Court of Appeals Court of Claims Court of Equity Cranch crime criminal custody decision defendant determine diction District Court district judge diversity of citizenship duty enforce equity exercise fact Federal Courts Federal question filed Government grant habeas corpus hearing indictment injunction issue judgment or decree Judicial Code judicial power jurisdic jury land limited litigation marshal Maryland matter ment necessary offense original jurisdiction party pending person petition plaintiff plead proceedings prosecution punishment record removal residence rule Stat statute sued suits brought Supreme Court Supreme Court held taken therein thereof tion treaty trial tribunals United United States Court unless validity writ of error
Popular passages
Page 36 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Page 333 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Page 104 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 66 - By the twenty-fifth section of the judiciary act of 1789, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Page 66 - And excepting also that in any such case as is hereinbefore made final in the circuit court of appeals it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court.
Page 53 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states,, or aliens, in which latter case it shall have original but
Page 299 - In the ordinary use of language it will hardly be contended that the decisions of courts constitute laws. They are at most only evidence of what the laws are ; and are not of themselves laws.
Page 16 - States, who shall be sworn or affirmed to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the supreme court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments, and shall receive such compensation for his services as shall by law be...
Page 7 - And that either of the justices of the Supreme Court, as well as judges of the District Courts, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of commitment...
Page 63 - Constitution was adopted, was most certainly intended and referred to when it was declared in that instrument that the judicial power of the United States shall extend 'to all cases of admiralty and maritime jurisdiction...