TABLE OF CONTENTS.

CHAPTER I.

The Constitution and General Statutes.

SECTION 1. Judicial power of United States vested in its Courts by
section quoted of the Constitution.

2. Constitution, as quoted, defines extent of judicial power.

3. Jurisdiction of Supreme Court, original and appellate,—

Constitution quoted.

4. Amendment VII quoted limits removals,-no removal,

for retrial, of law case after trial in State court.

5. Amendment XI quoted protects States from most suits in

Federal Courts.

6. Statutes quoted granting general original jurisdiction to

Circuit Courts.

7. Statutes quoted granting general right of removal.

8. Statutes quoted regulating manner of removal.

9. Statutes quoted preserving validity of bonds and proceed-

ings in State court before removal.

10. Statute quoted requiring remand of suits improperly re-

moved.

11. Statute quoted requiring Circuit Court to begin where

State court quit.

12. Statute quoted as to when party is excused from filing

record in Circuit Court.

13. Statute quoted as to service of process, outside the District,

in local actions begun in Circuit Court.

14. Statute quoted dispensing with formal revivor of suit on

death of party after judgment, as a condition to appeal

or writ of error.

15. Repealing clause quoted of Act of 1875.

16. Statute quoted requiring receiver or manager of property

appointed by Federal Court to obey State laws.

17. Statute quoted making receiver or manager appointed by

Federal Court suable, for his acts, without leave of

Court.

18. Statute quoted as to citizenship of National banks.

19. Saving clause quoted of Act of 1887-8.

20. Repealing clause quoted of Act of 1887-8.

21. Statute quoted against nepotism by Federal Judges.

CHAPTER II.

Fundamental Principles.

SECTION 22. Strict construction the theory of this volume.

23. United States Courts of limited jurisdiction.

24. United States Court have implied incidental powers.

25. United States laws,-not State laws,-limit jurisdiction of

Federal Courts.

26. United States Courts no jurisdiction of suits unknown to

and forbidden by the law.

27. United States Courts have only judicial powers.

28. United States Courts have no control of executive officers

of United States or of States.

29. Right of removal is statutory only.

30. State statutes cannot directly restrict removals.

31. State statutes may indirectly restrict removals.

32. Consent cannot confer unauthorized jurisdiction upon a

Federal Court.

33. Legislation Constitutional for removals before trial.

34. Jurisdiction, by removal, original, not appellate.

35. Jurisdiction of Circuit Courts enlarged after Civil War.

36. Act of 1875 granted very broad power to Circuit Courts.

37. Increase of Federal jurisdiction, especially by removal,

developed opposition and grave abuses,-present act a

remedy.

38. Object of Act of 1887-8 to contract Federal jurisdiction.

39. Circuit Court's jurisdiction on removal should be clear, or

cause remanded.

CHAPTER III.

Suits of a Civil Nature.

SECTION 40. Only suits of a civil nature removable.

41. Definition of a suit.

42. Substance-not form-determines whether a proceeding is

a suit.

43. A suit must be "brought" in State court before it can be

removed.

44. A suit may be removable, although plaintiff has no suffi-

cient cause of action.

45. Original-not ancillary-suits removable.

46. Some suits difficult to classify, whether original or ancil-

lary.

47. Tax or assessment proceeding not a suit; judicial proceed-

ing to enforce tax or assessment is a suit.

48. Civil and penal cases distinguished.

49. Courts of no country execute penal laws of another.

50. Civil nature, not civil form, the test of removability.

51. A suit for mandamus not removable; a suit for a manda-

tory injunction may be.

CHAPTER IV.

Suits at Law or in Equity.

SECTION 52. Suits at law or in equity, only, are removable.

53. Basis of suit at law may be common-law right or statute-

law right.

54. Circuit Courts have same equity jurisdiction as that pos-

sessed by the English High Court of Chancery when the

Constitution was adopted.

55. Enlargement of equitable rights by State laws administered

by Federal, as well as State, courts.

56. Hybrid cases-a mixture of law and equity-not within

Federal jurisdiction.

57. United States Courts no probate jurisdiction.

58. Suits at law or in equity, though allied to probate pro-

ceedings, within Circuit Court's jurisdiction.

59. Discrimination of suits at law or in equity from those of

probate jurisdiction often very difficult.

60. United States Courts no jurisdiction of suits for divorce or

alimony;—but suits maintainable therein on judgments

of State courts for alimony.

61. United States Court no jurisdiction as parens patriæ.

62. Admiralty jurisdiction vested exclusively in Federal Courts;

-remedy at law or in equity enforceable in State courts,

or Circuit Courts if suits within their concurrent juris-

diction.

CHAPTER V.

Original Concurrent Jurisdiction Essential to Removability.
SECTION 63. Cases removable under section 2 must be within original
jurisdiction under section 1 of present act.

64. This limitation introduced by Act of 1887-8.

65. Original venue not necessary to removal.

66. Suit removable where State court acquires jurisdiction in

a manner unauthorized in Circuit Court.

67. Section 1 of present act grants the general jurisdiction of

Circuit Courts concurrent with State courts.

68. Cases removable under section 2 restricted to cases of (po-

tential) concurrent jurisdiction.

69. Suit may be removable of which State court has no actual

jurisdiction.

70. Circuit Court by removal acquires no greater jurisdiction

than the State court possessed.

71. Suit arising under patent-right, or copyright laws of the

United States, or for damages under interstate commerce

act, within exclusive Federal jurisdiction, and not re-

movable.

71a. Suits relating to patents, copyrights or interstate com-
merce that are within concurrent jurisdiction of State
courts and Federal Courts.

SECTION 72. Subject of trade-marks within concurrent jurisdiction of
State courts and Federal Courts.

73. Habeas corpus suit not removable.

74. Suit to enjoin proceedings in State court not removable.

75. Query as to eminent-domain proceedings.

76. Case within exclusive jurisdiction of State court, improvi-

dently removed, should be remanded, not dismissed, by

Circuit Court.

CHAPTER VI.

Amount in Controversy.

SECTION 77. There must be a controversy, a matter in dispute, to make

a suit removable.

78. Bringing of a suit presumptive evidence of a controversy.

79. Presumption of controversy from bringing suit not con-

clusive.

80. Right involved must be a pecuniary one to make a suit re-

movable.

81. Sum or value in dispute ordinarily must exceed two thou-

sand dollars to make suit removable.

82. Doubtful if any exception exists to preceding rule.

83. In case involving liquidated sum, the principal is the mat-

ter in dispute.

84. Plaintiff's demand determines amount in controversy in a

suit for unliquidated damages.

85. Recovery of less than $2,000, not even prima facie evidence

of want of jurisdiction.

86. Plaintiff in State court may limit his demand to $2,000, or a

less sum,
although entitled to recover more, and thereby

defeat a removal.

87. Value of property, where its recovery is sought, with dam-

ages for detention, test of jurisdiction.

88. Where money judgment is sought, amount claimed by plain-

tiff when petition and bond are filed in State court con-

trolling.

89. Record of State court cannot be contradicted.

90. Amount directly involved, in actions for the recovery of

money, and not collateral effect of judgment, determines

removability.

91. Cases where value of right in controversy is the matter in

dispute.

92. Different matters in dispute between the parties, of which

Circuit Court has jurisdiction, may be united to make

the sum exceed $2,000.

93. When the claims of several plaintiffs may be aggregated
to make amount in dispute exceed $2,000; - when each
plaintiff's claim must exceed that sum.

94. Jurisdictional rules where one person sues as plaintiff on

behalf of many similarly situated.

SECTION 95. When two or more defendants are sued by a plaintiff, the
test of jurisdiction is the joint or several character of
the defendants' liability to plaintiff.

96. Jurisdictional rules in suits relating to taxes collated.

97. Interest and costs are excluded in determining jurisdic-

tional amount.

98. Amount plaintiff seeks to recover,—and not defendant's

counterclaim,-determines Federal jurisdiction.

99. When sum or value in dispute must be shown by petition

for removal.

CHAPTER VII.

Federal Questions.

SECTION 100. Some suits removable for Federal questions.

101. To be removable on such ground, it must appear from

the plaintiff's statement of his cause of action in his

initial pleading that the suit arises under Constitution,

laws, or treaties of the United States.

102. Plaintiff must allege facts, not legal conclusions, which

show that a suit arises under Constitution, law, or treaty

of the United States.

103. Suits arising under United States Constitution.

104. Suits arising under United States laws.

105. Suits arising under United States treaties.

106. Suits by or against Federal corporations.

107. Suits against officers of the United States.

108. Suits upon bonds of officers of the United States.

109. Suability of receiver or manager of property appointed

by a Federal Court.

110. Removability of a suit by or against a receiver or manager

of property appointed by a Federal Court.

111. Removability of a suit by or against the receiver of a

National bank, or other suit to wind up National bank.

112. Suit may be removable for Federal question even where

a State is the plaintiff.

CHAPTER VIII.

Diverse Citizenship.

SECTION 113. Diverse citizenship of parties the most common ground

of removal.

114. Citizenship of parties, not of other persons interested,

determines removability.

115. Constitution of United States determines citizenship.

116. Who is a citizen of the United States.

117. Citizen of the United States may expatriate himself.

118. Naturalization of individual aliens.

119. Instances of collective naturalization.