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INDEX.

Abandoned Property.

Removal of suits in reference to. § 195, note 1.

Abatement.

Defendant must file petition for removal in State court at or before
the time in which defendant must file plea in abatement therein.
§ 153.

Pendency of action in Circuit Court, after removal, pleadable in abate-
ment of new suit in State court. § 205.

Dismissal of first suit held good reply. § 205.

Absent Defendant.

Local action against, brought in Circuit Court. § 13.

Abuses.

Growing out of increase of jurisdiction of Circuit Courts. § 37.
Remedy. § 37.

Accident.

Subject of equity jurisdiction. § 54.

Account.

Subject of equity jurisdiction. § 54.
Accounts.

When several may be joined in one suit in Federal Court. § 92.
Act.

Of party, competent evidence upon question of citizenship.
Act of God.

§ 120.

Will not excuse a failure to file petition for removal in apt time.
§ 153.

Act of 1789.

§ 11 quoted. § 6, note 2.

Codified as Rev. St., § 629, cls. 1, 2, 3, quoted. § 6, note 3.

§ 12 quoted. § 7, note 3.

Codified as Rev. St., § 639, cl. 1, quoted. § 7, note 6.

Did not contain provision for remanding suit,-power to remand im-
plied. § 199.

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Extended right of removal. § 7.

Repealed Rev. St., § 639, cl. 1 and cl. 2, but not cl. 3. § 7, note 6;
§ 15 and note 2.

Special statutes were not repealed by. § 15, n. 2.

Necessary allegations under, to give jurisdiction for Federal question.
§ 101.

Provides for remanding suits improperly removed. §§ 10, 199.
Act of 1887.

Passed to remedy abuses that had grown up under prior laws. § 37.
Errors in enrollment. § 37.

Enrollment corrected. § 37.

Act of 1887-8.

Quoted in full. Ch. I.

Expressly saved certain statutes from repeal. § 19.

General object to contract the jurisdiction of Federal Courts. § 38.
As to civil cases confined to cases of concurrent jurisdiction of State
courts and Circuit Courts. §§ 67, 68, 71.

Introduced restriction upon right of removal that suit must be within
original jurisdiction of Circuit Court. § 64.

Took away right of defendant to remove suit to assert a Federal de-
fence. § 101.

Amended § 2, cl. 3,-character of cases removable under. §§ 138, 139.
Remand of suits under, improperly removed. § 199.

Action.

Defined as meaning suit. § 41.

See Suit.

Action of

See name of action, as Action of Debt, see Debt.

Ad Damnum Clause.

Cannot confer jurisdiction when claim stated is one which plaintiff
cannot be legally permitted to sustain by evidence. § 84, note 9.
Administration.

Subject of equity jurisdiction. § 54.

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Substantial defendant, when. § 132, note 21 (G).

Personal citizenship controls Federal jurisdiction. § 134.

Admiralty.

Right given by State statute enforceable by Federal Court. § 53,
note 7; § 62, notes.

Concurrent jurisdiction of courts of common law. § 62, note 4.

Suit in, not removable from State court. § 62.

True distinction between suit in admiralty and one at law or in equity.

§ 62, note 9.

Appeals in,—amount in controversy. § 95.

Admiralty Jurisdiction.

Constitutional provision. § 2.

Extent of, the occasion of much litigation. § 62.

Extended from time to time, by decisions of the Supreme Court. § 62.

Present boundaries. § 62.

Admission of New State.

Making alien inhabitants citizens. § 119.

Removal of suits from territorial courts. § 198.

Adverse Suit.

To determine right to patent, does not arise under law of United
States. § 104.

Æsop.

Fable of the jackass and the fox. § 50, note 2.

Affidavit.

Court may receive proof by, upon hearing of petition for removal for
prejudice or local influence. § 190.

Statement of belief not sufficient proof of prejudice or local influ-
ence,-facts must be stated. § 190.

African.

Alien of that race entitled to naturalization. § 118, and note 12.
Agent.

When nominal party. § 132.

Agent of National Bank.

Jurisdictional rights and liabilities. § 111.

Agreement.

For removal of cause. § 32.

Alabama.

Districts, Divisions, and times and places of holding Circuit Courts.

§ 179, note 19.

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Original jurisdiction of Circuit Court based upon alienage of one
party, statutes quoted. § 6 and notes.

Removal jurisdiction of Circuit Court based upon alienage of one
party, statutes quoted. § 7 and notes.

Laws providing for naturalization. § 118.

Does not become citizen by making declaration of intention to be-
come. § 118, note 6; § 123, and note 11.

Collective naturalization of. § 119.

Who is. § 123.

Jurisdictional rights of. § 123.

Removal of suit to which one is a party. § 123.

Right to remove suit brought by State. § 125, note 4.

Resident, no right to remove suit. § 136.

Suit to which one is party not removable for separable controversy.
§ 140.

No right to remove a suit for separable controversy. § 146.

No right to remove a suit for prejudice or local influence. § 189.

Personal action by, against civil officer of United States,-remov-
ability. § 196.

Alienage.

Federal jurisdiction based upon. § 123.

Must be pleaded with technical precision. § 123.
How pleaded, of natural persons. § 162.

Pleading, of corporation. § 163.

Alien Enemy.

Not to be naturalized. § 118.

Right to sue in Court of United States. § 123.

Alien Friend.

Right to sue in Court of the United States. § 123.

Alien and Citizen.

Whether party on one side may be composed of. § 130.
Alimony.

Suit for, not within jurisdiction of Circuit Court. § 60.

Judgment of State court for, may be made the basis of a suit within
jurisdiction of a Circuit Court. § 60.

Amalgamation.

No right guaranteed by Constitution or laws of United States,-no
right to removal of prosecution for. § 194, note 3.
Ambassadors.

Cases affecting,-Constitutional provisions. §§ 2, 3.
Supreme Court has original jurisdiction. §§ 3, 123.

Concurrent jurisdiction,-how far other courts have. § 123.
Amendment.

By plaintiff in State court,-right to make. § 88.

An increase of the sum demanded by plaintiff may make suit re-
movable. § 88.

Reduction of the sum demanded below that required for Federal
jurisdiction may prevent a removal. § 88.

Plaintiff may make, for express purpose of preventing a removal by
defendant. § 88, and note 5.

Must be made before petition and bond for removal are filed. § 88.
May be made after petition or bond is filed, if before both are filed.
§ 88.

As affecting time to remove. § 157.

As affecting the time to remove for prejudice or local influence.
§ 187.

By plaintiff after removal; when will not require remand. §§ 88, 135.
Query. § 88, note 8.

May cause remand. § 200.

Circuit Court may require, to bring in necessary defendants. § 207.
Of petition for removal in State court. § 154.

In Circuit Court. § 165.

Of removal bond, in State court. § 175.
In Circuit Court after removal. § 175.

Amendment VII.

Quoted. § 4.

Invalidated certain removal statutes. § 33.

Amendment XIV, § 1.

Parts of, quoted. See Table of Laws Quoted. P. xix.
Scope of. § 103.

Federal jurisdiction of suits arising under. § 103.

Adopted for special benefit of negroes, but applies to all persons of all

races. § 115.

Defines who are citizens. § 115.

Scope of. § 103.

Federal jurisdiction of suits arising under. § 103.

Amount in Controversy.

Original jurisdiction, statutes quoted. § 6 and notes.

Removal jurisdiction, statutes quoted. § 7 and notes.

General discussion. Ch. VI.

Amount legally involved in suit, and not amount of actual dispute,
jurisdictional criterion. § 77, note 3.

Jurisdictional amount under general statute is a sum or value ex-
ceeding $2,000, exclusive of interest and costs. §§ 6, 7, 80, 81,
82.

Liquidated sum in controversy. § 83.

Unliquidated damages. § 84.

Limiting amount to avoid removal. § 86.

In suit to recover real or personal property. § 87.

Amendments may change. § 88.

When money judgment is sought, right to remove determined by

the principal demand at time petition and bond are filed. § 88.
Amount directly involved, in actions for recovery of money, and not
collateral effect of judgment, determines removability. § 90.
In certain suits in equity, is the value of the right in controversy.
§ 91.

May be made up of several matters in controversy between same
parties. § 92.

Where plaintiffs are jointly interested, or have a common undivided
interest in recovery sought, whole sum sued for is jurisdictional
amount. § 93.

When several plaintiffs, for convenience, join in a suit to enforce
separate claims, the several sums cannot be aggregated to make
the jurisdictional amount. § 93.

Rules where one person sues on behalf of many similarly situated.
§ 94.

Where there are two or more defendants. § 95.

Suits in reference to taxes. § 96.

Interest and costs excluded. §§ 6, 7, 97.

Determined by plaintiff's claim, and not by counter-claim or set-off
by defendant. § 98.

When petition for removal should allege. §§ 99, 160.

Value of property or right (not money) should exceed $2,000, when
suit brought and when petition for removal filed. § 160.

In case of a removal for a separable controversy. § 160.
In case of removal for prejudice or local influence. § 189.

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