TO

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.

Page

$ 1. Constitutional provisions concerning the courts of the United

States

1

§ 2. Enumeration of the courts of the United States..

2

§ 3. Original jurisdiction and terms of the Supreme Court..

4

§ 3a. Practice in the original jurisdiction of the Supreme Court... 7

$ 4. The jurisdiction and terms of the Circuit Courts of Appeals and

the judicial circuits

9

§ 5. Jurisdiction of the District courts. In general.

13

§ 5a. Jurisdiction of suits on contractors' bonds..

28

8 6. Value of the matter in dispute. In general..

34

§ 7. Value of the matter in dispute in action for damages..

42

§ 8. Value of the matter in dispute in ejectment, and other suits to

obtain the possession of land......

46

§ 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.

48

$ 11. Value of the matter in dispute in suits to redeem..

49

$ 12. Value of the matter in dispute in suits to quiet title. .

49

$ 13. Value of the matter in dispute in suits for injunctions.

50

8 14. Value of the matter in dispute upon taxpayers' bills.

55

15.Value of the matter in dispute upon creditors' bills...

57

$ 16. Value of the matter in dispute upon stockholders' bills...

57

$ 17, Value of the matter in dispute when there are joint plaintiffs.. 59

$ 17a. Value of the matter in dispute in suits on behalf of a class.... 63

$ 18. Value of the matter in dispute when there are joint defendants 644

$ 19. Consideration of interest in estimating the value of the matter

in dispute

68

& 20. Consideration of costs in estimating the value of the matter in

dispute

69

$ 21. Consideration of counterclaims in estimating the value of the

matter in dispute...

Page

$ 22. Effect of admissions by the defendant upon the value of the

matter in dispute......

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. п келета 1 - ) : : : : : :..

73

$ 25. Suits arising under the Constitution of the United States.

84

§ 26. Suits arising under treaties of the United States..

97

$ 27. Suits where the parties are Federal corporations. In general.. 98

$ 28. National banking associations/......!

101

8 29. Patent and copyright cases.

103

$ 30. Trademark cases

107

8 31. Land and mining cases..

107

$ 32. Cases arising under the laws relating to navigable waters. 110

$ 32a. Cases arising under the Interstate Commerce Law.

111

$ 33. Suits on judicial and official bonds....

118

$ 34. Suits by and against officers of the United States.

119

$ 35. Suits by and against receivers of national banks...

120

§ 36. Suits by and against receivers of Federal corporations.

121

$ 37. Suits by and against receivers of Federal courts.

122

§ 38. Suits by and against trustees in bankruptcy..

123

$ 39. Suits arising out of litigation in the Federal courts.

124

8 40. Controversies between citizens of different States. In general 125

8 41. Parties to the controversy.

130

$ 42. Formal parties to the controversy.

139

$ 43. Unnecessary parties to the controversy.

150

§ 44. Trustees and other representatives..

152

45. Controversies to which aliens are parties...

155

§ 46. Determination of citizenship of natural persons.

159

$ 47. Corporations

169

$ 48. Unincorporated stock companies and associations.

177

$ 49. Partnerships

178

$ 50. Under grants of different States.

178

$ 51. Ancillary jurisdiction...,

180

$ 52. Property in the custody of another court of co-ordinate juris-

diction. In general....

189

$ 53. Property covered by insolvent assignments...

198

$ 54. Property in the custody of State courts of probate...

199

$ 55. Property in the custody of receivers...

206

$ 56. Controversies between State sheriffs and United States mar-

shals; and those arising out of attachments, garnishee process

and executions...

211

8 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, otherwise...

218