ΤΟ

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

§ 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..

§ 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..

§ 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...

50

55

57

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

§ 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

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....

§ 24. Suits arising under the Constitution or laws of the United

States. In general

73

§ 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 associations!..!.!.!.

§ 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..

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

84

97

98

101

103

107

107

110

111

118

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.

§ 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.

§ 44. Trustees and other representatives....

§ 45. Controversies to which aliens are parties...

§ 46. Determination of citizenship of natural persons.

§ 48. Unincorporated stock companies and associations...

§ 49. Partnerships

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

§ 53. Property covered by insolvent assignments....

§ 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