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Divorce.

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

Whether taxable upon remand. § 167.

Dock Yard.

Query as to jurisdictional status of residents. §122.
Domain, Eminent.

See Eminent Domain.

Domestic Relations.

Whole subject belongs to laws of the States and not to the laws of the
United States. §61, note 3.

Domicil.

As determining citizenship. § 120.

Doubts.

As to jurisdiction of removed case should be resolved by Circuit Court
against removabilty. §§ 39, 199.

Dower.

Common-law action for recovery. § 53.

Subject of equitable jurisdiction. §54.

Claim for, when does not arise under law of the United States. § 104.
Suit for assignment,-no separable controversy. § 144.

Draft.

Suit on assigned claim for damages for failure to protest,-Federal
jurisdiction. § 137, note 6.

Drain.

Proceeding to establish, held to be a suit. §47, note 2.

No separable controversy in. § 144.

Duties on Imports.

Collection of, the subject of Force Act from which comes Rev. St.,
§ 643. § 195.

Suits in reference to,-removability under Rev. St., § 643. § 195.
Ecclesiastical Courts.

Of England. §57, and note 4.

Ejectment.

Common-law action. § 53.

Amount in controversy in. §87.

Joint suit to recover several tracts of land. § 95.

Joint suit against several trespassers may be brought. § 95.

When embraces a separable controversy. § 144.

Election.

Of officers held under State law,-Circuit Courts no right to control.
$ 54.

Of defeated party between Courts of appellate jurisdiction. § 210.
Election and Satisfaction.

Subject of equitable jurisdiction. § 54.

Election Officer.

Suit against, for damages for declining to receive vote. § 103.
Elective Franchise.

Suit arising under, no longer removable under Rev. St., § 643. § 195.

Eminent Domain.

Exercise of, an act of sovereignty. § 75.

Power may be delegated. § 75.

How far legislative and how far judicial. § 75.

Query as to Federal jurisdiction,-whether suit removable? § 75.
Consult Terre Haute v. Evansville & T. H. R. Co., 106 Fed. 545.
State's power subject to Fourteenth Amendment. § 103.

When suit embraces a separable controversy and when does not. §144.
Employer.

Suit against, by employé to recover for personal injuries, removable.
§ 53, note 7.

Entry, Forcible.

Federal jurisdiction of. § 53, note 7.

Equitable Defence.

Cannot be made to action at law in Circuit Court. § 208.

How made available. § 208.

Equitable Reply.

Cannot be made to legal defence in Circuit Court. § 208.
How made available. § 208.

Equitable Right.

Created by State statute,-enforced by United States Court. § 55.
To be enforced in equity in Circuit Court although enforceable by
a legal remedy in State court. § 55.

Equity.

Classes of cases in, of which Courts of United States may be given
jurisdiction. § 2.

Statutes quoted as to original jurisdiction. § 6 and notes.

Statutes quoted as to removal jurisdiction. § 7 and notes.

Proceeding in, in State court, in aid or defence of an action or judg-
ment at law,—not removable apart from the main action. § 45,
note 1.

General discussion of subject. Ch. IV.

Suit must be in, or at law, to be removable. § 52.

Term means same whether used in reference to original or removal
jurisdiction. § 52.

Subjects of equity jurisdiction. § 54.

Statutory form of suit will not prevent removal. § 54.

Suit in, within original or removal jurisdiction of Circuit Court al-
though allied to probate proceeding. § 58.

Forms and modes of proceeding in Circuit Court. § 208.

Circuit Courts keep suits in equity separate from those at law. § 208.
Equity Court.

No control of elections to office or title to office. § 54.

Error.

In record of State court cannot be corrected by affidavit in Circuit
Court. § 89.

Cases contra. § 89, note 4.

In copy of record of State court may be corrected,—not cause of re-

mand. § 181.

In removal proceedings, excepted to and not waived, good cause for

reversal. § 203.

Estate of Decedent.

Claim against may be filed in Circuit Court or removed thereto from
State court. § 58.

Estoppel.

Effect of judgment as, not considered in determining removability
of suit for recovery of money. § 90.

Irregularities, the subject of. § 157, note 3.

Errors or irregularities may be subject of;-want of jurisdiction can-
not be. § 203.

Estrepement Bond.

Given in State court,-validity of, after removal. § 205.
Eviction.

Amount in controversy in suit for damages. § 97.

Evidence.

Bill to preserve and perpetuate,-subject of equitable jurisdiction.
§ 54.

What is competent to prove citizenship acquired by residence. § 120.
To prove prejudice or local influence. §190.

In Circuit Court after removal. § 208.

Excuse.

None accepted for failure to file petition for removal in apt time. § 153.
For failure to file copy of record of State court promptly in Circuit
Court. § 182.

Executive Officers.

Not subject to the control of Courts of the United States in the dis-
charge of their political duties. §28.

Execution.

Contest as to ownership of property taken,-not removable. § 45,
note 1.

Proceedings supplementary to,—jurisdiction of. § 55, note 2.
Executor.

Necessary party to suit to set aside will. § 132, note 21 (G).
Personal citizenship controls Federal jurisdiction. § 134.

Exemplary Damages.

Demand of the plaintiff, the test of jurisdictional amount. § 84.
Exemption from Taxation.

Value of, not to be considered in determining jurisdiction in suit to

collect a tax or to enjoin a tax. § 96.

Ex Parte Suit.

Not removable. §77.

Expatriation.

Citizen of United States may expatriate himself. § 117.

Doubtful if citizen of United States could expatriate himself prior to

act of July 27, 1868. § 117, note 1.

What necessary to effect. §117.

Express Trust.

Subject of equitable jurisdiction. §54.

Express Company.

Jurisdictional status of. § 128.

Factory.

Davis & Rankin contract,-several character. § 95.

Facts.

Must be pleaded by plaintiff, and not conclusions of law merely, to
authorize Circuit Court to take jurisdiction for Federal question.
§ 102.

Petition for removal to state. §§ 159, 164, 194, 195.

Failure.

To promptly file copy of record of State court in Circuit Court,-
effect upon right to remove. § 183.

False Imprisonment.

Plaintiff's demand in suit for damages as test of jurisdiction. § 84.
Suit against United States marshal for, held removable. § 107.
Suit for damages,-no separable controversy. § 144.

Fares.

Cases in reference to, arising under Constitution. § 103.
Father.

Citizenship of, determines that of child in his custody. § 120.
Federal Corporation.

Jurisdiction of suits by or against, as arising under law of United

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Statute authorizing original jurisdiction quoted. § 6.

Statute authorizing removal quoted. §7.

General discussion. Ch. VII.

Suits removable for, a small proportion of the cases in which Federal

questions are involved,-general restrictions. § 100.

Few cases removable for. § 101.

Necessary allegations to give jurisdiction therefor to a Federal Court.

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Suit for damages,—no separable controversy. § 144.

Firm.

Jurisdictional status of. § 128.

How citizenship of, pleaded in petition for removal. § 162.
Florida.

Treaty for cession cited. § 119, note 3.

Districts and times and places of holding Circuit Courts. § 179, note 25.
Force Act or Force Bill.

§ 3 the basis of Rev. St., § 643. § 195.

Forced Sale.

Not proper test of value of property for jurisdictional purposes. § 87.
Foreclosure.

Suit for,-

-no separable controversy in. § 144.

Foreign Attachment.

See Attachment, Foreign.

Foreign Bill of Exchange.

Excepted from restriction upon Federal jurisdiction,-statutes quoted.

§ 6 and notes.

Construed. § 137.

Definition. § 137, note 18.

Foreign Citizen or Subject.

See Alien.

Foreign Corporation.

Contracts of, when void. § 31.

Does not become a resident by doing business in a State. § 136.

See, also, Corporation.

Foreign State.

Right to sue in Circuit Court. § 123.

Citizen or subject of,-pleading. § 162.

Forfeitures.

See Penalties and Forfeitures.

Forged Instrument.

Amount in controversy in suit to cancel. § 87, note 4.

Form.

Does not determine whether a proceeding is a suit. § 42.

Unimportant in determining whether a suit is of a civil or criminal
nature. § 50.

Amendment of, allowable in petition for removal in Circuit Court.
§ 165.

Formal Party.

See Nominal Party.

Forms of Proceeding.

In civil cause at law in Circuit Court,-how far modeled after those
of State courts. § 208.

Formedon, Writ of.

Common-law action. § 53.

Fornication.

Prosecution for,-right of removal. § 194, note 3.

Fort.

Query as to jurisdictional status of resident. § 122.

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