1 No. 2590. Book 4, tit. 4, div. 2, chap. 1, sec. 2, § 1, art. 1. No. 2592. order to give the circuit court jurisdiction, it must be brought in the district where the lands lie.(a) 2590. By various acts of congress,(b) jurisdiction is given to the circuit courts, in cases where actions are brought to recover damages for the violation of patent and copy rights, without fixing any amount as to limit, or as to the character of the parties. 2591. The circuit courts have jurisdiction, in cases arising under the patent laws. By the act of July 4, 1836, s. 17, it is enacted "that all actions, suits, controversies, and cases arising under any law of the United States, granting or confirming to inventors the exclusive right to their inventions or discoveries, shall be originally cognizable, as well in equity as at law, by the circuit courts of the United States, or any district court having the powers and jurisdiction of a circuit court; which courts shall have power, upon bill in equity filed by any party aggrieved, in any such case, to grant injunctions, according to the course and principles of courts of equity, to prevent the violation of the rights of any inventor as secured to him by any law of the United States, on such terms and conditions as said courts may deem reasonable: Provided, however, That from all judgments and decrees, from any such court rendered in the premises, a writ of error or appeal, as the case may require, shall lie to the supreme court of the United States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of circuit courts, and in all other cases in which the court shall deem it reasonable to allow the same." 2592. In general, the circuit court has no original jurisdiction of suits for penalties and forfeitures, arising under the laws of the United States, nor in admiralty cases. (a) 4 Hall's Law Journal, 78. (b) Acts of April 17, 1800, s. 4; Feb. 15, 1819. No. 2593. Book 4, tit. 4, div. 2, chap. 1, sec. 2, § 1, art. 1. No. 2594. 2° Of the character of the parties. 2593. The cases in which suits may be maintained in the circuit courts, may be classed, as to the parties to them, as follows: 1, the United States; 2, suits between citizens of different states; 3, suits where an alien is a party; 4, when an assignee is plaintiff; 5, who may be defendant. (1.) When the United States are a party. 2594. When the sum in controversy exceeds, besides costs, the sum of five hundred dollars, the United States may sue on all contracts in the circuit court; (a) but, in cases of penalties, the action must be in the district court, unless the law gives express jurisdiction to the circuit court. (b) The act of March 3, 1815, abolishes the limitation of five hundred dollars in cases where the United States are plaintiffs, and s. 4, vests in the circuit courts jurisdiction concurrently with the district court, of all suits at common law where any officer of the United States sues under the authority of an act of congress; as where the postmaster general sues under an act of congress, for debts or balances due to the general post office.(c) The circuit court has jurisdiction on a bill of equity, filed by the United States against the debtor of their debtor, they claiming a priority under the act of March 2, 1798, s. 65, though the law of the state, where the suit is brought, permits a creditor to proceed against the debtor of his debtor, by a peculiar process at law.(d) No suit can be brought against the United States, (a) Evans qui tam v. Ballen, 4 Dall. 342. (6) 4 Dall. 342. (c) Postmaster General v. Early, 12 Wheat. 146. See Dox v. The Postmaster General, 1 Pet. 318; Southwick v. The Postmaster General, 2 Pet. (d) United States v. Howland, 4 Wheat. 108. No. 2595. Book 4, tit. 4, div. 2, chap. 1, sec. 2, § 1, art. 1. No. 2595. consequently the circuit courts have no jurisdiction in such cases. (2.) Suits between citizens of different states. 2595. The judiciary act, (a) gives jurisdiction to the circuit court in suits of a civil nature, when the matter in dispute exceeds five hundred dollars in value, besides costs, between a citizen of a state where the suit is brought, and the citizen of another state; one of the parties must therefore be a citizen of the state where the suit is brought, for when neither of the parties is a citizen of such state, the court has no jurisdiction.(b) The act requires that the parties shall be citizens, and it must appear on the record that they are such.(c) This citizenship, means a residence or domicil, in a particular state, by one who is a citizen of the United States. This must be, not merely a temporary, but a permanent domicil. (d) And when there are several plaintiffs or defendants, they must all be competent to sue and be sued in a circuit court, otherwise that court has no jurisdiction.(e) To give the court jurisdiction in cases between citizens of the United States, the parties must be citizens of a state or states; the District of Columbia,(ƒ) and the territories of the United States, not being considered as states for this purpose.(g) (a) Act of September 24, 1789, s. 11. (b) Shute v. Davis, Pet. C. C. 431; Wood v. Mann, 1 Sumn. 581; White v. Sumner, 1 Mason, 520; Kitchen v. Sullivan, 4 Wash. C. C. 84. in (c) Wood v. Wagnon, 2 Cranch, 1; 1 Cranch, 343; 4 Dall. 8; Paine, R. 594. An averment on the record that the parties are "of," or are habitants" or "residents" of different states, is not sufficient. record must allege that they are "citizens" of different states. The (d) Reed v. Bertrand, 4 Wash. C. C. 516; Cartlett v. Pacific Ins. Co. 1 Paine, 594; Rabauld v. D'Wolf, 1 Paine, 580; Knox v. Greenleaf, 4 Dall. 360. (e) Strawbridge v. Curtis, 3 Cranch, 267. But see Shute v. Davis, Pet. C. C. 431. (f) Hepburn v. Elzey, 2 Cranch, 448. (g) New Orleans v. Winter, 1 Wheat. 91; Prescott's Lessee v. Fairfield, 1 Pet. 14. No. 2596. Book 4, tit. 4, div. 2, chap. 1, sec. 2, § 1, art. 1. (3.) Suits where an alien is a party. No. 2598. 2596. The eleventh section of the judiciary act, (a) vests jurisdiction in the circuit court over all suits of a civil nature, where an alien is a party; but these general words must be restricted by the provisions in the constitution, which give jurisdiction in controversies between a state, or the citizens of a state, and foreign states, their citizens or subjects; the statute cannot extend the jurisdiction beyond the limits of the constitution.(b) The record must show that the party is an alien.(c) When both parties are aliens the circuit court has no jurisdiction.(d) An alien who holds lands under a special law of the state where he is resident, may maintain an action in relation to those lands, in the circuit court. (4.) When an assignee is plaintiff. 2597. When the plaintiff sues on a right of action which has been assigned to him, to give the circuit court jurisdiction, the assignor of the contract must have been entitled to sue in the circuit court, if no assignment had been made; but to this general rule there is an exception in the case of bills of exchange,(e) the obvious policy of which is to prevent any thing which might impede their circulation. (f) 2598. As to the nature of the assignment, it has been held that where a note was payable to A B, or bearer, the bearer might sue in the circuit court, if properly qualified, without showing A B to be a fictitious person, or competent to have prosecuted the suit.(g) Assignees by operation of law, as where an (a) Act of September 24, 1789. (b) Mossman v. Higginson, 4 Dall. 11. (c) Turner v. Enrille, 4 Dall. 7; Micharlson v. Denison, 3 Day, 294. (d) Montaret v. Murray, 4 Cranch, 46; 4 Dall. 420, note. (e) Act of September 24, 1789, s. 11. (f) Bullard . Bell, 1 Mason, 251. (g) Bank of Kentucky v. Wistar, 2 Pet. S. C. 318. No. 2599. Book 4, tit. 4, div. 2, chap. 1, sec. 2, § 1, art. 1. No. 2600. insolvent estate is vested in them by law, are embraced by the provision, as much as assignees in deed. (a) 2599. With regard to the nature of the claim assigned, the act is not confined to negotiable paper; equitable as well as legal assignments are included. The assignee of an open account is precluded, as much as the assignee of a deed. It is said that this section of the act of congress has no application to the conveyance of lands from a citizen of one state to a citizen of another state. The grantee in such case may, in general, maintain his action in the circuit court, when otherwise properly qualified, to try the title to such lands. (b) But the sale must have been made bona fide, and not for the mere purpose of enabling the nominal purchaser to bring a suit; in case the sale is fictitious, the court will strike off the case from the record. (c) (5.) Who may be defendant. 2600. The act(d) further provides that no person shall be arrested in one district, for trial in another, in any civil action before a circuit or district court. And no civil suit shall be brought, before either of the said courts, against an inhabitant of the United States, by original process, in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ. A citizen of one state may be sued in another, under this act, if the process be served upon him in the latter;(e) but, in such case, the plaintiff must be a citizen of the state where the suit is brought, or an alien. (f) This clause respecting the not being served with (a) Sere v. Pitot, 6 Cranch, 332. |