Copyright, 1880,
BY BENJAMIN R. CURTIS.

UNIVERSITY PRESS : JOHN WILSON AND SON, CAMBRIDGE.

PREFACE.

THESE Lectures were delivered by the late Judge Curtis to a class of students in the Harvard Law School, in the academic year 1872-73. They were wholly oral and extemporaneous, the lecturer making use of only a few brief notes, and relying chiefly upon his very strong memory, which never failed him in the statement of principles or the citation of authorities. A verbatim report was made of each Lecture by a short-hand writer, and from the manuscripts written out by him, and revised by Judge Curtis, the Lectures are now printed, without any change of the

text.

But as they were delivered before the Revised Statutes went into operation, it became necessary to refer to that revision in the notes, for the purpose of guiding the reader to the re-enactment or change of the

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various statutes cited in the text. Such references to the most recent decisions of the Supreme Court of the United States have also been added as seemed to be called for.

The Lectures, being addressed to a body of students just beginning their inquiries into the Jurisdiction, Practice, and Jurisprudence of the Federal Courts, are, of course, somewhat elementary. But it is believed that they are so comprehensive and accurate that they will form a useful handbook for practitioners of any standing. If future editions shall be required, any changes in the law, as well as the relevant decisions of the Supreme Court of the United States, from time to time, will be duly noted.

An index of the cases cited, and a full index of the subjects treated, have been prepared. The latter, it is presumed, will greatly assist the reader in consulting the work on particular points.

BOSTON, October, 1880.

GEORGE TICKNOR CURTIS.
BENJAMIN R. CURTIS.

CASES CITED

CONTENTS.

LECTURE I.

Importance of the Subject.-The Judicial Power of the United

States. The Supreme Court.

-

-

Its Original Jurisdic-

tion. Must be confined to the Cases enumerated in the

Constitution. - Whether Original Jurisdiction conferred

by the Constitution on the Supreme Court can also be con-

ferred by Congress on inferior Courts. · Construction of the

Supreme Court. - Meaning of "Cases." -Distinction be-

tween "Law" and "Equity." Cases affecting Ambassa-

dors, &c. Controversies to which the United States is a

Party. Controversies between two or more States. - The

Eleventh Amendment. Suits by Foreign States or Sov-

ereigns. Practice of the Original Jurisdiction. - The Origi-

nal Docket

-

-

-

-

LECTURE II.

State Courts.

Appellate Jurisdiction of the Supreme Court in Reference to the

- The Twenty-Fifth Section of the Judiciary

Its subsequent Amendments.

-

-

-

Act of 1789.

Scope of the

Jurisdiction. Final Judgments. What is a "Suit."

The highest State Court. To what Court the Writ of Error

is to go. Grounds of the Appellate Jurisdiction. -- What

the Record must show. - Motions to dismiss. - How to

shape the Record in the State Court. How Questions of

State Law are dealt with. - Practice

-

-

in the Allowance

PAGE

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1

of Writs of Error. -When the Writ is to operate as a

Supersedeas. Doubts of the Constitutional Validity of

recent Legislation

LECTURE III.

Appellate Jurisdiction in Reference to the Circuit Courts.

Writs of Error. Appeals in Equity and Admiralty.

Within what Time a Writ of Error or an Appeal may be

prosecuted. Amount in Controversy. - Patent Cases.

Revenue Cases. - Final Judgments at Law. - - Final Decrees

in Equity or Admiralty. - Parties to the Writ of Error or

Appeal. Appeal as a Matter of Right. - How to be

claimed and allowed. — Issuing of Writs of Error. — Di-

vision of Opinion, how certified. - Recent Law in regard to

certifying Questions. Habeas Corpus Cases, how carried

to the Supreme Court. - Amendments of Writs of Error. -

Appellate Jurisdiction in Bankruptcy. Practice in Enter-

ing Writs of Error and Appeals. — Diminution of the Rec-

ord, and Certiorari. Motion Day in the Supreme Court. ·

Appeals from the Court of Claims. -Appeals from the Ter-

ritorial Courts

-

-

25

59

LECTURE IV.

-

Original Constitution of the Circuit Courts. — Unit of Territo-

rial Division. Where Process of the Circuit Courts may

run. - Their Criminal Jurisdiction. - Trial by Jury. —

Their Civil Jurisdiction. - Service of Process. - Voluntary

Appearance of Defendant. - Service by Publication, &c. in

certain Cases in Equity. - Judges constituting the Court.

Jurisdiction on Account of the Character of the Parties.

Jurisdiction on Account of the Subject-matter. — United

States as Plaintiffs. Aliens and Citizens. Between Citi-

zens of different States. Who is a Citizen ?- Jurisdiction

once attached, when not defeated .

LECTURE V.

-

Jurisdiction of the Circuit Courts. - Amount in Controversy.

Averment of Citizenship. — How Citizenship must be trav-

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