PROCEDURE AT LAW

A TREATISE ON THE PROCEDURE IN

SUITS AT COMMON LAW

IN THE

CIRCUIT COURTS OF THE UNITED STATES

ACCOMPANIED WITH, AS A

BASIS OF FEDERAL JUDICIAL PROCEDURE,

A STATEMENT OF THE DUAL SYSTEM OF GOVERNMENT
CREATED BY THE FEDERAL CONSTITUTION AND THE CONSTITUTIONAL
LIMITATIONS IMPOSED UPON THE STATE AND FEDERAL GOV-

ERNMENTS AND THE CREATION OF THE FEDERAL

JUDICIAL SYSTEM AND THE JURISDICTION

OF ALL THE FEDERAL COURTS

BY C. L. BATES
L. BA

OF THE BAR OF SAN ANTONIO, TEXAS
(AUTHOR OF BATES' FEDERAL EQUITY PROCEDURE)

IN TWO VOLUMES

VOLUME II

CHICAGO

T. H. FLOOD AND COMPANY

L37054

MAR 21 1951

COPYRIGHT, 1908,

BY

C. L. BATES.

STATE JOURNAL PRINTING COMPANY,
PRINTERS AND STEREOTYPERS,

MADISON, WIS.

TABLE OF CONTENTS.

VOLUME II.

CHAPTER XV

THE COMMON-LAW AND EQUITY JURISDICTION OF THE CIR-

CUIT COURTS OF THE UNITED STATES.

(a) STATEMENT OF SOME GENERAL PRINCIPLES INTRODUCTORY TO

THIS CHAPTER.

653. The circuit courts have no appellate jurisdiction,

654. Same-Exception-Review of the decisions of the board of

general appraisers of merchandise,

655. The circuit court the great court of original jurisdiction,

656. Extent of the judicial power-A great political principle,

657. Same-A new political principle established by the consti-

tution,

....

658. Distinction between judicial power and jurisdiction,

659. Jurisdiction defined,

491

492

492

493

494

495

496

660. Same-Continues until the judgment is satisfied,

496

661. Power to issue writs necessary for the exercise of jurisdic-

tion,

497

662. Same-Writs of injunction in aid of jurisdiction,

498

663. The jurisdiction of the federal courts defined by federal

legislation,

498

664. Same-Four great federal judiciary acts,

499

665. The jurisdiction of the circuit courts is either concurrent

or exclusive,

499

......

666. Object and purposes of this chapter,

499

667. Same The word "concurrent"-Its broad significance in

the federal judiciary acts,

500

(b) THE COMMON LAW AND EQUITY JURISDICTION OF THE CIRCUIT

COURTS OF THE UNITED STATES

CONCURRENT WITH THE

COURTS OF THE SEVERAL STATES.

668. Jurisdiction of suits arising under the constitution, laws and

treaties of the United States,

669. Same-Defined,

502

503

.....

670. Same-Same-Cause of action must depend on construction

and application of the constitution, law, or treaty, ....... 504

Same Jurisdiction must appear from plaintiff's

own statement of his claim,

671. Same

505

§ 672. Same Same-Averment of frivolous constitutional ques-

tion,

673. Same-Constituent elements of the jurisdiction,

506

506

674. Same-Same-Same-The facts must be pleaded,

675. Same-Three classes of cases arising under this head of

federal jurisdiction,

507

508

676. Suits arising under the constitution-Not susceptible of

classification,

508

679. Same Same Same-The Virginia tax and coupon cases,
680. How a suit in equity may arise under the federal constitu-
tion,

677. Same State laws "impairing the obligation of contracts," 509

678. Same-Same-Contracts made by state,

510

511

• 513

.....

681. Same Suit in equity to enjoin unconstitutional sale of

property for taxes,

514

....

682. Same-Suit in equity to protect land grant to railroad com-

pany,

683. Same Restraining state officers from executing unconsti-

tutional statute,

516

.......

516

684. Same-Restraining state officers from wrongful administra-

tion of valid state statutes,

517

......

685. Same-May arise under any constitutional provision secur-

ing a right,

517

686. Municipal ordinances as laws "impairing the obligation of

contracts"-Suits to enjoin,

.....

....

517

687. Suits at law arising under the federal constitution,

688. Same-Action of trespass against state officers for seizure

of property under constitutional state statutes,

691. Same-Same-Exemplary damages as an element in a case

arising under the constitution,

521

.....

692. Same-Suit arising under both the constitution and a fed-

eral statute,

522

693. Suits arising under the laws of the United States,

694. Same-Suits on the official bonds of federal officers,

695. Same-Same-Suit on bond of United States marshal,

696. Same Same-Suit on bond of federal court clerk,

697. Same-Suit to enforce individual liability of shareholders

of liquidating national bank,

698. Same Ejectment when plaintiff's title depends upon valid-

ity of patent from the United States,

699. Same Ejectment when plaintiff claims title through judi-

cial sale under federal court judgment,

700. Same-Two corporations claiming same land under differ-

701. Same-Suit to test validity of the consolidation of railroad

companies under acts of congress,

526

.....

702. Suits by and against federal corporations,

526

§ 703. Same-Same-Rule abolished as to national banks,

527

704. Same-Suit against receiver of national bank,

527

705. Same-Suit against federal court receiver does not arise un-

der laws of the United States, ....

527

706. Same-Suit against election officers for wrongful denial of

right to vote for member of congress,

528

707. Suits arising under treaties of the United States,

528

708. Same-Treaty provisions removing disability of alien to take

and hold lands

530

709. Jurisdiction based on diversity of citizenship,

710. Same-Not residence, but citizenship,

531

531

711. Same-Territories not states within the meaning of the fed-

eral constitution and judiciary acts,

531

712. Same-Corporation created by a state a citizen thereof,

713. Same-Same-Incorporation in more than one state,

532

532

714. Same Citizenship of national banks for purposes of juris-

diction,

532

715. Same-A state not a citizen,

533

716. Same Same-Suit brought by state on relation of a party,

717. Same-Persons standing in a fiduciary relation suing or

533

sued,

718. Same Suit by assignee of chose in action,

533

534

719. Same-Same-Bill for specific performance,

535

720. Same Same-Exceptions-Notes of corporations payable to

724. Jurisdiction of suits between citizens of a state and foreign

states, citizens or subjects,

536

725. Same-Corporation created by a foreign state a citizen

thereof,

537

726. Jurisdiction of suits in which the United States are plain-

tiffs,

538

727. Jurisdiction founded on claim to lands under grant of differ-

ent states, ...

538

728. The amount in dispute-In what class of cases the jurisdic-

tional sum or value of two thousand dollars is necessary

to maintain jurisdiction,

538

729. Same-Rules for determining the amount in dispute,

730. Same-Same-Rule when amount is to be determined from

the face of a pleading,

731. Same Same Same-Cases justifying exemplary damages, 541

732. Same Same-Rule when amount is to be determined upon

an issue of fact,

541

733. Same-Same-Rule when there are several parties, plain-

tiffs or defendants,

542

734. Same Same-When interest is a principal demand, and

when an accessory demand,

543