Imágenes de páginas
PDF
EPUB

66

although there is property within the district. (Shainwald v. Lewis, 5 Fed. Rep. 510; S. C. 6 Sawy. 585.) Where a citizen of the United States is a resident in a foreign country, the circuit court has no jurisdiction over a suit brought by an alien, although he has property within the district which may be attached. (Picquet v. Swan, 5 Mason, 35.) Civil suit." Civil suit" means a suit within the category of "all suits of a civil nature at common law or in equity,” and a cause of admiralty jurisdiction is not within the meaning of this prohibition. (Atkins v. Disintegrating Co., 18 Wall. 272; Casey v. Leary, 2 Ben. 530; Manchester v. Hotchkiss, 13 Int. Rev. Rec. 125; but see Ex parte Graham, 3 Wash. C. C. 456; Wilson v. Pierce, 15 Law Rep. 137; New England Ins. Co. v. Navigation Co., 13 Int. Rev. Rec. 94.) This provision does not apply to a person who has never been an inhabitant of the United States. (Cushing v. Laird, 4 Ben. 70.) A prize proceeding is a civil suit, and if against the person, can be instituted only in the district where he is inhabitant or is found. (Ex parte Graham, 3 Wash. C. C. 456.

Attach

ment will lie against in debt or contract or tort. (McGrath v. Candalero, Bee, 64; Bouysson v. Miller, Bee, 186.) It may be issued against a non-resident in an action on contract, even if the non-resident be a corporation. (Clarke v. Navigation Co., 1 Story, 531.)

§ 27 (746). Causes not discontinued by new term.-When the trial or hearing of any cause, civil or criminal, in a circuit or district court, has been commenced and is in progress before a jury or the court, it shall not be staid or discontinued by the arrival of the time fixed by law for another session of said court; and the court may proceed therein and bring it to a conclusion, in the same manner and with the same effect as if another stated term of the court had not intervened. (Rev. Stats., sec. 746.)

The trial is in progress although the jury is not complete, where some of the jury have been sworn. (U. S. v. Loughery, 13 Blatchf. 267.)

$28 (735). Captures of insurrectionary property, where cognizable.-Proceedings for the condemnation of any property captured, as prize, whether on the high seas or elsewhere out of the limits of any judicial district, or within any district, on account of its being purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used or employed, in aiding, abetting, or prompting an insurrection against the government of the United States, or knowingly so used or employed by the owner thereof, or with his consent, may be prosecuted in any district where the same may be seized, or into which it may be taken and proceedings first instituted. (18 U. S. Stats. 318; 1 Sup. Rev. Stats. 138; Rev. Stats. sec. 735.)

§ 29. Proceedings to enjoin comptrol ler of the currency.—All proceedings by any national banking association to enjoin the comptroller of the currency, under the provisions of any law relating to national banking associations, shall be had in the district where such association is located. (Rev. Stats. sec. 736.)

§ 30. Suits of a local nature in States containing several districts.—In suits of a local nature, where the defendant resides in a different district in the same State from that in which the suit is brought, the plaintiff may have original and final process against him, directed to the marshal of the district in which he resides. (Rev. Stats. sec. 741.)

§ 31. Where land lies in different districts of same State -Any suit of a local na

ture, at law or in equity, where the land or other subject-matter of a fixed character lies partly in one district and partly in another, within the same State, may be brought within the circuit or district, court of either district; and the court in which it is brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed, as fully as if the said subject-matter were wholly within the district for which such court is constituted. (Rev. Stats. sec. 742.)

$ 32. Process, where returnable.—ArKANSAS. All process, civil and criminal, against persons residing in the counties of Columbia, Howard, Hempstead, La Fayette, Little River, Miller, Nevada, Ouachita, Pike and Sevier, shall be made returnable to said courts, respectively, at said city of Texarkana; provided, that all crimes and offenses heretofore committed within the division created by this act, shall be prosecuted, tried and determined in the same manner and with the same effect as if this act had not been passed. (Approved February 28, 1887; 24 U. S. Stats. 428; the same rule approved in act approved February 17, 1887, 24 U. S. Stats. 406.)

CALIFORNIA. All process returnable to or proceedings noticed for any term of the present circuit or district court of California shall be deemed returnable to the next term of said courts, respectively, in the said northern district, as fixed by this act. (24 U. S. Stats. 309.)

GEORGIA WESTERN DIVISION OF NORTHERN DISTRICT. All process, civil and criminal, issued against citizens residing in said counties, shall be,

made returnable to the said courts respectively, at the said city of Columbus, and not otherwise. (26 U. S. Stats. 1110.) All mesne and final process, subject to the provisions hereinbefore contained, issued in either of said divisions, may be served and executed in either or both of the divisions. (21 U. S. Stats. 63.)

KANSAS.-All mesne and final process subject to the provisions of this act, issued in either of said divisions, may be served and executed in either or both of the divisions. (26 U. S. Stats. 129.) KENTUCKY. In the district of Kentucky the clerks of the circuit and district courts, respectively, upon issuing original process in a civil action, shall make it returnable to the court nearest to the county of the residence of the defendant, or of that defendant whose county is nearest a court, if he have information sufficient, and shall immediately, upon payment by the plaintiff of his fees accrued, send the papers filed to the clerk of the court to which the process is made returnable; and whenever the process is not thus made returnable, any defendant may, upon motion, on or before the calling of the cause, have it transferred to the court to which it should have been sent had the clerk known the residence of the defendant when the action was brought. (Rev. Stats., sec. 745.)

LOUISIANA. -All processes from the circuit and district courts of the United States from the western district of Louisiana against defendants residing in the parishes of Saint Landry, Saint Martin, Cameron, Calcasieu, La Fayette, and Vermillion, in the State of Louisiana, shall be returned to said courts at Opelousas; all process against defendants

residing in the parishes of Rapides, Vernon, Avoyelles, Catahoula, Grant, and Winn shall be returned to Alexandria; all processes against defendants residing in the parishes of Caddo, De Soto, Bossier, Webster, Claiborne, Bienville, Natchitoches, Red River, and Sabine, shall be returned to Shreveport; and all processes against defendants residing in the parishes of Ouachita, Franklin, Richland, Morehouse, East Carroll, West Carroll, Madison, Tensas, Concordia, Union, Caldwell, Jackson, and Lincoln shall be returned to Monroe. (25 U. S. Stats. 388.) All processes from the circuit and district courts for the eastern district of Louisiana against defendants residing in the parishes of Pointe Coupee, West Baton Rouge, Iberville, Ascension, East Feliciana, West Feliciana, East Baton Rouge, Saint Helena, and Livingston, shall be returned to said courts at Baton Rouge, Louisiana, and all processes against defendants residing in other parishes of the eastern district of Louisiana shall be returned to New Orleans. (25 U. S. Stats. 438.)

MINNESOTA.

All civil process from the circuit and district courts of the United States for said district of Minnesota, against defendants residing or found therein, shall be returned to the place appointed for the holding of said courts in the division where such defendant resides. (26 U. S. Stats. 72.)

MISSISSIPPI.-Process issuing from the courts of either division of said northern district shall be directed to the marshal of said northern district, and may be executed by him or his deputies upon the party or parties for whom issued, wherever found

« AnteriorContinuar »