« ΠροηγούμενηΣυνέχεια »
suits in equity, which said additional and special sessions may be held by the district judge alone.(1)
509. The third circuit is composed of the districts of New Jersey and the eastern district of Pennsylvania,(2) and shall hold its sessions annually, in the district of New Jersey, at Trenton, on the first of April and October ;(3) and in the eastern district of Pennsylvania, at Philadelphia, on the eleventh of April and October.(4)
510. The fourth circuit is composed of the districts of Maryland and Delaware. Its sessions are holden annually, in the district of Delaware, in Newcastle, on the Tuesday next following the fourth Monday of May; and at Dover, on the Tuesday next following the third Monday of October; in the district of Maryland, at Baltimore, on the eighth day of April and the first day of November.(5)
511. The fifth circuit, composed of the districts of Virginia and North Carolina,(6) holds its sessions, annually, in the eastern district of Virginia, at Richmond, on the twenty-second of May and twenty-second of November;(7) and in North Carolina, at Raleigh, on the twelfth of May and twelfth of November.(8)
512. The sixth circuit, composed of the districts of South Carolina and Georgia,(9) holds its sessions, annually, in South Carolina, at Charleston, on the second Tuesday of April ;(10) and at Columbia, on the fourth Monday of November (11) in Georgia, at Savannah, on the Thursday after the first Monday of May, and at Milledgeville, on the first Monday of November, annually.(12)
513. The seventh circuit is composed of the districts of Kentucky, east and west Tennessee, and Ohio. The sessions are held, annually, in Kentucky, at Frankfort, on the first Monday of May and November; in west Tennessee, at Nashville, on the second Monday in June; in east Tennessee, at Knoxville, on the second Monday of October; in Ohio, at Columbus, on the third Monday of July, and fourth Monday of December.(13)
514. The district judge of Tennessee shall attend at Knoxville, on the first Thursday after the Third Monday in April, and at Nashville, on the first Thursday after the fourth Monday in November, annually, and shall have power to make all necessary orders touching any suit, action, appeal, writ of error, process, pleadings or proceedings, returned to the circuit court next to be holden thereafter at Knoxville and Nashville, or depending therein, preparatory to the hearing, trial, or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings; and all writs and process may be returnable to such courts on the first Thursday after the third Monday in April, at Knoxville, and on the first Thursday after the fourth Monday in November, at Nashville, in the same manner as to the sessions of the circuit court, directed to be held by this act in the district of east Tennessee, at Knoxville, and the district of west Tennessee at Nashville; and the said writs,
(1) Act 29th May, 1830.
(2) Act 29th April, 1802.-April 20th, 1818, sec. 4.-15th May, 1820.
(3) Act March 3d, 1803, sec. 1. (4) Act 29th April, 1802, sec. 4. (5) Act 29th April, 1802.-Act 26th May, 1824.-Act 11th February, 1830.Act 24th March, 1834.
(6) Act 29th April, 1802. (7) Ibid.
(8) Act 4th February, 1807.
(9) Act 11th August, 1790.—Act 29th April, 1802.
(10) Act May 25th, 1834.
(11) Act 3d March, 1825.-Act 4th May, 1826.-Act 24th Feb. 1829.
(12) Act 29th April, 1802.-Act 4th May, 1826.-Act 21st Jan. 1829.
(13) Acts 24th Feb. 1807-22d March, 1808, sec. 1 to 5-10th March, 18124th March, 1820-22d April, 1824-20th May, 1826-Feb. 10th, 1809-May 5th, 1830.
returnable to the circuit courts to be held at Knoxville, may also bear test on the first Thursday after the third Monday in April; and the writs returnable to the circuit court to be held at Nashville, may bear test on the first Thursday after the fourth Monday in November, as though a session of the circuit court was holden on those days at Knoxville and Nashville respectively.(1)
515. There shall be two clerks appointed, one for the circuit court to be held at Knoxville, and one for the circuit court to be held at Nashville, whose duty it shall be to attend the district judge on the first Thursday after the third Monday in April, and on the first Thursday after the fourth Monday in November, of each and every year, at the places aforesaid, who shall make due entry of all things ordered by the judge; and at every of such sessions, all actions, pleas, and other proceedings, relative to any cause, civil or criminal, shall, for the circuit court to be held at Nashville, and for the circuit court to be held at Knoxville, be continued over to the ensuing stated session at those places respectively.(2)
516. Where a citizen of any one of the United States shall wish to commence a suit in the circuit court for the district of east or west Tennessee, against two or more citizens of the state of Tennessee, some of whom reside in east and some in west Tennessee, he may cause the clerk of the circuit court in which he may elect to commence his suit, to issue duplicate writs; one directed to the marshal of east, and the other to the marshal of west Tennessee; which the respective marshals shall execute and return, and which, when returned, shall be docketed and proceeded in, to judgment, as one case only.(3)
517. Where a judgment shall be recovered, in either of such circuit courts, the plaintiff may cause his writ of fieri facias, alias fieri facias, or other process of execution, to be directed and delivered to the marshal of either east Or west Tennessee, at his election; the marshal to whom the writ may be directed, shall execute it in the same manner, and under the same penalties, as if the judgment had been rendered in the court of the district of which he is marshal.(4)
518. The district judge of Tennessee shall hold a term of the circuit court at Nashville, for the district of west Tennessee, on the first Monday in March, in each year, and shall have power to make all necessary rules and orders touching any suit, action, appeal, writ of error, process, pleadings or proceedings, that may be pending in said circuit court, or that may have issued returnable to the circuit court to be holden on the first Monday in September next, preparatory to the hearing, trial or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings; and all writs and process may hereafter be returnable to the said courts to be holden on the first Monday in March, in the same manner as to the sessions of the circuit courts directed by law to be held at Nashville, on the first Monday in September of each year; and the writs and other process returnable to the said circuit court on the first Monday in September, may bear test on the first Monday in March.(5)
519. Such judge may adjourn from day to day, or to any other period of time more than three months before the September term of said court: Provided, That no final judgment be rendered at said term to be held by the district judge, except by the consent of both parties.(6)
520. The district courts of the United States for the northern district of New York, the western district of Pennsylvania, the district of Indiana, the
(1) Act March 22d, 1808, sec. 3. (2) Ibid. sec. 4.
(3) Act 30th March, 1802, sec. 1.
(4) Ibid. sec. 2.
(5) Act 13th January, 1831, sec. 1. (6) Ibid. sec. 2.
district of Illinois, the district of Missouri, the district of Mississippi, the western district of Louisiana, the eastern district of Louisiana, the northern district of Alabama, and the southern district of Alabama, district of Michigan and district of Arkansas, in addition to the ordinary jurisdiction and powers of a district court, shall, within the limits of their respective districts, have jurisdiction of all causes, except appeals and writs of error, which now are, or hereafter may by law be made, cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court.(1)
521. In all cases where the day assigned for the session of any circuit court falls on Sunday, the session commences on the succeeding day.(2)
Of the Original Jurisdiction of the Circuit Court in Civil Cases.
ART. 522. The circuit courts shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state. But no person shall be arrested in one district for trial in another, in any civil action before a circuit or district court: And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ, nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favour of an assignee, unless a suit might have been prosecuted in such court to recover such contents if no assignment had been made, except in cases of foreign bills of exchange.(3)
The jurisdiction of the circuit courts of the United States shall extend to all cases, in law or equity, arising under the revenue laws of the United States, for which other provisions are not already made by law; and if any person shall receive any injury to his person or property for or on account of any act by him done, under any law of the United States, for the protection of the revenue or the collection of duties on imports, he shall be entitled to
(1) Act 19th February, 1831.
(2) Act 22d April, 1802, and other
(3) Act 24th Sept. 1789, sec. 11.
maintain suit for damage therefor in the circuit court of the United States in the district wherein the party doing the injury may reside, or shall be found. And all property taken or detained by any officer or other person under authority of any revenue law of the United States shall be irrepleviable, and shall be deemed to be in the custody of the law, and subject only to the orders and decrees of the courts of the United States having jurisdiction thereof. And if any person shall dispossess or rescue, or attempt to dispossess or res. cue, any property so taken or detained as aforesaid, or shall aid or assist therein, such person shall be deemed guilty of a misdemeanour, and shall be liable to such punishment as is provided by the twenty-second section of the act for the punishment of certain crimes against the United States, approved the thirtieth day of April, anno domini one thousand seven hundred and ninety, for the wilful obstruction or resistance of officers in the service of processes.(1)
523. The trial of issues in fact in the circuit courts shall, in all suits except those of equity and of admiralty, and maritime jurisdiction, be by jury.(2)*
(1) Act 2d March, 1833, sec. 2.
(2) Act 24th September, 1789, sec. 12.
Cases of seizure upon waters navigable from the sea, by vessels of more than ten tons burden for breach of the laws of the United States are civil cases of admiralty and maritime jurisdiction, and are to be tried without a jury.-Wheelan v. United States, 7 Cr. 112.
The facts and circumstances which give jurisdiction to the circuit court, must be set forth on the record, and if the fact on which the plaintiff claims right to sue in this court be denied, it must be proved.-Turner v. Bank of North America, 4 Dall. 11. Maxfield's less. v. Levy, 4 Dall. 380. And this court has no jurisdiction in cases arising under the laws of the United States, unless it be expressly conferred by act of congress.-Bank U. S. v. Devaux, 5 Cr. 85. M'Intire v. Wood, 7 Cr. 504. Hodgson v. Bowerbank, 5 Cr. 303. Livingston v. Van Inghen, 4 Hall's L. J. 60. Evans v. Bolen, 4 Dall. 352.
Hence the court cannot issue a mandamus except in cases where it is necessary to the exercise of its jurisdiction. Such writ cannot be awarded to the register of the land office, commanding him to issue land certificates.-M'Intire v. Wood, 7 Cr. 504. M'Clung v. Sullivan, 6 Wheat. 598. Smith v. Jackson, 1 Paine 453.
The value of the matter in dispute on which the jurisdiction of this court is given, may be determined, in actions for damages, by the sum laid in the declaration in ejectment.-Hulscamp v. Teel, 2 Dall. 356. Even after verdict for the plaintiff, by affidavit, or by witnesses, it is not necessary that the value be found by the jury.-U. S. v. 84 Boxes sugar, 7 Pet. 453. Den v. Wright, 1 Peters C. C. 73. In a writ of right, if the demandant claim property exceeding five hundred dollars in value, and recover less, he shall not be allowed, but may at the discretion of the court be compelled to pay costs.-Lister v. Green, 8 Cr. 220.
The circuit court has no jurisdiction in cases where neither of the parties is a citizen of the state in which the suit is brought.-Shute v. Davis, 2 Pet. C. C. 431. White v. Fenner, Mason, 520. See Rabaud & al. v. D'Wolfe, 1 Paine, 580. Catlett & al. v. Pacific Insurance Co. Ib. 594. Nor of cases between aliens. 4 Cranch. 46.
But the residence of aliens within the state constitutes no objection to the jurisdiction of the federal court.-Breedlove & Robeson v. Nicolet & Sigg. 7 Pet. 413. The word state, used in the eleventh section of the act of twenty-fourth of September, 1789, (article 522,) as indicative of the character of a party to a suit, means a member of the United States. Hence, a citizen of the District of Columbia or of one of the territories of the United States, cannot sue a citizen of a state in the circuit court.-Hepburn v. Elzey, 2 Cr. Corporation of New Orleans v. Winter, 1 Wheat. 91. Westcott's less. v. In. of Fairfield, 1 Pet. 44.
Nor has this court jurisdiction in a case where there are several parties plaintiffs or defendants, unless all the parties may sue or be sued therein.-Strawbridge v. Curtis, 3 Cr. 267. Corporation of New Orleans v. Winter, 1 Wheat. 94. Ward v. Arredendo & al. 1 Paine, 410. But if there be two defendants, and one of them not amenable to the court be severed, the suit may proceed against the one who is subject to its jurisdiction.-Shute v. Davis, 1 Peters, 431. And if in a suit in equity,
524. In case of the disability of the district judge of either of the districts of the United States to hold a district court, and to perform the duties of his
there be a defendant subject, and others not subject to the jurisdiction of the court and their interest be joint, the suit cannot be sustained. But if their interest be several, so that substantial justice may be done as it regards him who is subject, without affecting the other defendants, the jurisdiction of the court may be supported as to him alone.-Cammeron v. M'Roberts, 3 Wheat. 591.
The citizen of a different state who brings an action of ejectment in the circuit court must be bona fide interested in the land for which the action is brought, for if a conveyance be made to him by a citizen of the state in which the action is brought entirely colourable and collusive, the court has not jurisdiction.-Maxfield's less. v. Levy, 4 Dall. 330. 2 Dall. 381. Browne's lessee v. Arbukle, 4 Dall. 338.
But if the jurisdiction be once vested in a suit between citizens of different states, a subsequent change of domicil by either party will not devest it.—Morgan's heirs v. Morgan, 2 Wheat. 290.-Nolen v. Torrence, 9 Wheat. 537.
Notwithstanding the restrictive clause contained in the 11th sec. of the judiciary act of 1789, (art 522) the circuit court has jurisdiction of a suit in equity brought by a judgment creditor against his debtor and others, they being citizens of different states, to set aside conveyances made in fraud of creditors, although the ground of the judgment was a negotiable chose in action, on which, before judgment, a suit could not have been maintained in such court.-Bean v. Smith & al. 2 Mason, 252. Where a judgment has been rendered in a state court, in a suit between citizens of different states, and the judgment has since been assigned to a citizen of the same state with the original plaintiff, the circuit court has jurisdiction of a suit in equity brought by the assignee, although the ground of the original suit on which judgment was rendered, was a negotiable chose in action of which the circuit court could not have held jurisdiction under the restrictive clause contained in the 11th section of the act of 1789.-Dexter v. Smith et al. 2 Mason, 303.
The circuit court has jurisdiction in a case between citizens of different states to sustain a petition for partition, according to the statutes of the states for partition of lands among tenants in common.-Exparte Biddle et al. 2 Mason, 472.
A citizen of New York obtained judgment against a citizen of Pennsylvania in a court of the state, which the plaintiff assigned to a citizen of Pennsylvania whose executors assigned it to the complainant, an alien. Held that he could sustain a bill in equity in the circuit court, notwithstanding the intermediate assignment to a citizen of Pennsylvania.-Wilson v. Fisher, 1 Bald. 133.
This court has jurisdiction of an action of debt on a judgment obtained in a state court by a citizen of another state.
If the jurisdiction have vested, the defendant may not withdraw his name from the suit, and thereby deprive the court of jurisdiction, though he be no longer interested. Thomas' lessee v. Newton, 1 Peters, 444. Hence if an alien defendant sells the property in dispute to a citizen of the same state as the plaintiff's lessor, he may not substitute for his own, the name of his vendee, but such vendee may be required to indemnify him against costs.
A body corporate as such cannot be a citizen of a state; and therefore it cannot be sued in the circuit court if it be described merely as incorporated by law of, and established in, a different state.-Hope Ins. Co. v. Boardman, 5 Cr. 57. The circumstance that a state is a member of a private corporation will not oust the circuit courts of the jurisdiction invested in them by law.-Bank U. S. v. Planters' Bank of Georgia. Bank of Kentucky v. Wistar & al. 2 Pet. 319. But where the members of a corporation suing are all citizens of a different state and are so averred to be, the controversy being substantially between citizens of one state, suing by a corporate name, and those of another state, the court has jurisdiction.-Bank of the U. S. v. Devaux, 5 Cr. 51.
The court has jurisdiction of suits by, or against executors or administrators, if they are citizens of different states, though their decedents might not have been entitled to sue or be sued in the courts of the United States. 8 Wheat. 642.
A trustee competent as an alien or citizen of a different state may sue in the circuit court for the benefit of his cestui que trust, who is a citizen of the same state with the defendant.-Chappedelain v. Decheneux, 4 Cr. 306. Childress v. Emory, 8 Wheat. 642. Such trustee is a real person, having the legal estate in himself, and is competent to sue in his own right.-Bank U. S. v. Devaux, 5 Cr. 91.
And a suit may be maintained in a circuit court if the real plaintiffs be competent to sue though the nominal be not.-Browne v. Strode, 5 Cr. 303.
The record must state the parties to be citizens of different states, or where one