Imágenes de páginas
PDF
EPUB

“ That

$ 57. That the cir

the circuit cuit courts of the United courts of the United States shall have cogni. States shall have original zance, concurrent with cognizance, concurrent the courts of the several with the courts of the States, of all suits of a several States, of all civil nature, at common suits of a civil nature, law or in equity, where at common law or in the matter in dispute equity, where the matexceeds, exclusive of ter in dispute exceeds, costs, the sum or value of exclusive of interest and five hundred dollars, and costs, the sum or value arising 'under the Con- of two thousand dollars, stitution or laws of the and arising under the United States, or trea- Constitution or laws of ties made, or which shall the United States, or be made, under their treaties made, or which authority, or in which shall be made, under the United States are their authority, or in plaintiffs or petition which controversary the ers, or in which there

United States are plainshall be a controversy be- tiffs or petitioners, or in tween citizens of different which there shall beaconStates

troversary between citizens of different States, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value afore

said, or a controversy between or a controversary becitizens of the

tween citizens of the same State claiming lands un State, claiming lands under grants of different der grants of different States, or a controversy States, ora controversary between citizens of a between citizens of a State and foreign States, State and foreign States, citizens, or subjects; citizens, or subjects, in

same

which the matter in dispute exceeds, exclusive of interest and costs, the

sum or value oforesaid, and shall have exclusive and shall have exclusive cognizance of all crimes cognizance of all crimes and offenses cognizable and offenses cognizable under the authority of under the authority of the United States, ex

the United States except as otherwise pro- cept as otherwise provided by law, and con- vided by law, and concurrent jurisdiction with current jurisdiction with the district courts of the district courts of the crimes and offenses the crimes and offenses cognizable therein. But cognizable by them. But no person shall be ar

no person shall be arrested in one district for rested in one district for trial in another in any trial in another in any civil action before a cir- civil action before a circuit or district court. cuit or district court; And no civil suit shall and no civil suit shall be be brought before either brought before either of of said courts against said courts against any any person by any ori- person by any original ginal process or proceed- process of proceeding in ing in any other district any other district than than that whereof he is that whereof he is an in

inhabitant, or in habitant; but where the which he shall be found jurisdiction is founded at the time of serving only on the fact that the

an

such process or

com

action is between citizens mencing such proceed- of different States, suit ing, except as hereinafter shall be brought only in provided;

the district of the residence of either the plain

tiff or the defendant; nor shall any circuit or nor shall any circuit or district court have cog- district court have cognizance of any

suit nizance of any suit exfounded on contract in cept upon foreign bills favor of an assignee, of exchange, to recover unless a suit might have the contents of any been prosecuted in such promissory note or other court to recover thereon chose in action in favor if no assignment had of any assignee, or of been made, except in any subsequent holder if

of promissory such instrument be paynotes negotiable by the able to bearer and be not law merchant and bills made by any corporaof exchange.

tion, unless such suit might have been prosecuted in such court to recover the said contents if no assignment or

transfer had been made; And the circuit courts and the circuit courts shall also have appellate shall also have appellate jurisdiction from the dis- jurisdiction from the district courts under the trict courts, under the regulations and restric. regulations and restrictions prescribed by law. tions prescribed by law." (Sec. 1, Act of March 3,

cases

Note.-This last clause of section 1 of the Act of 1875 was repealed by the Act creating the circuit court of appeals, as inconsistent with its provisions. (26 U. S. Stats. 827, sec. 4.) $ 58. That

any

suit Sec. 2. That any of a civil nature, at law suit of a civil nature, at or in equity, now pend- law or in equity, arising ing or hereafter brought under the Constitution in any State court where or laws of the United the matter in dispute ex- States, or treaties made, ceeds, exclusive of costs, or which shall be made, the sum or value of five under their authority, hundred dollars, and of which the circuit arising under the Con- courts of the United stitution or laus of the States are given original United States, or treaties jurisdiction by the premade, or which shall be ceding section, which made, under their au- may now be pending, or thority, or in which the which may hereafter be United States shall be brought, in any State plaintiff or petitioner, court, may be removed or in which there shall by the defendant or debe a controversy between fendants therein to citizens of different States, or a controversy between citizens of the

State claiming lands under grants of different States, or a controversy between citizens of a State and foreign States, citizens, or sub

same

jects, either party may remove said suit into the circuit court of the the circuit court of the United States for the United States for the proper district.

proper

district any other suit of a civil nature, at law or in equity, of which the circuit courts of the United States are given jurisdiction by the preceding section, and which are now pending, or which may hereafter be brought in any State court, may be removed into the circuit court of the United States for the proper district by the defendant or defendants therein being non-residents of

that State; And when in any suit and when in any suit mentioned in this sec- mentioned in this section tion there shall be a there shall be a controcontroversy which is versy which is wholly wholly between citizens between citizens of difof different States, and ferent States, and which which can be fully de- can be fully determined termined between as between them, then them, then either one or either one

or more of more of the plaintiffs or the defendants actually defendants actually in- interested in such conterested in such contro troversy may

as

remove

« AnteriorContinuar »