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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.
§ 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
§ 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
§ 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
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