Courts, | Wattles v. Hyde, 9 Conn., 10. Courts, § 322.

INDEX.*

The full-face figures refer to cases in full, the others to digest matter.

ABANDONED OR CAPTURED PROPERTY ACT.
erty; Citizenship, 1, h; Court of Claims, 2.

See Captured and Abandoned Prop-

ABATEMENT. See Pleading.

ACCOMMODATION INDORSER. See Assignees and Indorsees, 2.

ACCOUNT. See Assignees and Indorsees; Executors and Administrators; Jurisdiction, 4, c;
Lis Pendens; Patents and Copyrights; Probate Courts.

none against the executive agents of the government. Courts, § 698.

ACCOUNT, IN BAR. See Amount.

ACCOUNTS WITH OFFICERS. See Judicial and Political Questions.

ACKNOWLEDGMENTS.

clerks of courts in Kentucky may take. Courts, § 106.

ACTIONS. See Insolvency; Louisiana; Mandamus; Service; Suit.
local and transitory, history of. Courts, § 1695.

ACTIONS IN REM. See Proceedings in Rem.

ADMINISTRATORS. See Citizenship, 1, b; Executors and Administrators; Judicial Sales;
Jurisdiction, 4, b, c.

ADMIRALTY. See Jurisdiction, 4, d; Shipping and Admiralty.

ADMISSIONS. See Bills and Notes; Evidence; Jurisdiction, 1, f.

ADVERSE POSSESSION.

none by one not claiming title, though he occupies. Courts, § 474.

AGENCY. See Citizenship, 1, g; Contempt of Court, 1; Corporations; Jurisdiction, 8; Lou-
isiana; Service.

AIDER BY PLEA. See Citizenship, 3, c.

AIDER BY VERDICT. See Citizenship, 3, c.

ALABAMA. See District Courts.

ALEXANDRIA. See Orphans' Courts; Lex Fori and Remedies.

ALIEN ENEMIES, CONFINEMENT OF. See Judicial and Political Questions, 2.

ALIENS. See Citizenship, 1, b, c; 2, 3; Court of Claims, 1; Jurisdiction of the District
Court, a; Naturalization; Patents and Copyrights.

if a citizen be joined with, as plaintiffs, he may be dropped, and the cause proceed.
Courts, SS 852, 899.

suit by resident parties on executor's bond in interest of non-resident alien sustained.
Courts, § 942.

declaring intent to become citizen does not divest alienage. Courts, § 1320.

actions between, no jurisdiction of; so when maker and payee are, assignee cannot sue.
Courts, 1253.

may be plaintiffs or defendants, in federal courts. Courts, §§ 1306, 1310.

plea in abatement that all the defendants not citizens, bad for uncertainty. Courts,
§ 1309.

not that plaintiff an alien; foreign state must be stated. Courts, § 1311.

Prepared by A. L. SANBORN, Esq., of Madison, Wisconsin.

ALIENS-continued.

when action by or against, sustained, see supra.

must be between alien and citizen of a state, not of the United States alone.
Courts, SS 1310, 1312-16.

joinder of alien defendant, when an alien is plaintiff, good, when. Courts, § 1318.
suits for use of alien. Courts, § 1319.

that alien stockholder of defendant corporation is a defendant, in suit by alien,
immaterial. Courts, § 1320.

action by resident alien, holding land. Courts, $ 1323-24.

injunction against county, to restrain bonds. Courts, § 1325.

foreign sovereign may sue; suit not abated by change of sovereign. Courts,
$ 1326-27.

when not; suit between aliens. Courts, § 1312.

claim of alien based on fraud on revenue laws, when. Courts, § 1322.

averments; citizenship must be averred, when; plea that both parties aliens, good;
must be explicit. Courts, §§ 1314, 1316-17.

ALIMONY. See Citizenship, 1, g; Divorce.

ALLEGATIONS, See Aliens; Amount; Citizenship, 3; Jurisdiction of the Circuit Court, 2, e;
Pleading.

AMBASSADORS. See Jurisdiction of the Supreme Court, 1.

AMENDMENTS. See Citizenship, 3, c, d; Voluntary Appearance.

to show jurisdictional value, not compelled by mandamus. Courts, § 103.

may be made without notice. Courts, § 542.

of pleadings in court of claims. Courts, SS 1949, 1952-53.

AMNESTY. See Judicial Power.

AMOUNT (FOR PURPOSES OF JURISDICTION). See Amendments; District of Columbia, b;
Divorce; National Banks, c.

the sum or value is a jurisdictional fact always to be alleged and proved; when may be
shown only in evidence. Courts, §§ 1663, 1669–70.

in ejectment the "matter in dispute" is the land, not the damages. Courts, §§ 1665,
1670.

that stated in the declaration determines, though it appear less on the trial. Courts,
SS 1664, 1669, 1675.

that stated in the body of the complaint, not the prayer, regarded. Courts, §§ 1666,
1671-72.

eleven counts of $50 each give jurisdiction. Courts, § 1673.

when not fixed, that claimed controls. Courts, § 1672.

the damages sued for, not those awarded, control. Courts, §§ 1668, 1674, 1679.

so in tort, or on covenant for more than $500 with a lesser penalty. Courts,
S$ 1675-78.

so on bond with $1,000 penalty, though only $50 in dispute. Courts, § 1688.
so though offset pleaded; but otherwise of account in bar. Courts, § 1681.
that stated in petition for removal controls. Courts, § 1682-83.

dropping part of claim after removal, immaterial. Courts, § 1683.

that to be gained or lost controls; rule in suit to enjoin tax. Courts, § 1684.

that which evidence given of, though not found by jury. Courts, § 1685.

jurisdiction of writ of right, when property worth more than $500; demandant may be
adjudged to pay costs on smaller recovery. Courts, § 1686.

ANCILLARY PROCEEDINGS. See Jurisdiction, 7.

APPEAL BONDS.

federal courts may enforce, if citizenship proper. Courts, § 222.

APPEALS. See Appeal Bonds; Contempt of Court, 2; Court of Claims, 2, c; 4; District of
Columbia; Spanish Claims.

court will not allow rehearing in bankruptcy which amounts to an appeal, after time
limited. Courts, § 92.

if new subjects added to jurisdiction, former statutes as to appeals apply. Courts,
§ 178.

appellant receiving money on decree, not a waiver of. Courts, § 494.

determination of its own jurisdiction by court of general jurisdiction is final except
on appeal. Courts, § 507.

findings of fact not reviewed on. Courts, § 591.

jurisdictional amount of $5,000 may be made up of smaller sums. Courts, § 1186.

to circuit court; none to supreme justice or circuit judge from district judge sitting as
circuit court. Courts, §§ 14, 19.

district judge has no vote. Courts, §§ 18, 20.

APPEARANCE. See Citizenship, 3; Process; Voluntary Appearance.

APPELLATE JURISDICTION. See Appeals; Jurisdiction of the Circuit Court, 1, a; Juris-
diction of the Supreme Court.

compelling judge to sign bill of exceptions, by supreme court. Courts, § 100.

APPOINTMENT. See Judges.

APPRENTICES. See District of Columbia.

ARBITRATION. See Court of Claims, 4.

agreement for, does not oust jurisdiction. Courts, § 150.

ARKANSAS. See Bills and Notes; Jurisdiction, 7, b; Justices of the Peace; Territorial
Courts; Vendor's Lien.

ARKANSAS LAND COMMISSION.

decision of, binding; not collaterally reviewed. Courts, § 530.

ARKANSAS TERRITORY. See Justices of the Peace.

ARMY. See Jurisdiction, 4, b.

the army always, and militia during service, not subject to judicial power. Courts,
$99.

ARREDONDO GRANTS. See Judicial and Political Questions.

ARREST. See Contempt of Court, 1, 2; Court of Claims, 2, a; Service.
privilege of judges from. Courts, $$ 38, 39.

order of, held void for unconstitutionality. Courts, § 40.

ARREST OF JUDGMENT. See Citizenship, 3, c.

supreme court will not go behind record on motion for. Courts, § 171.

ASSESSOR. See Internal Revenue.

ASSIGNEE. See Bankruptcy; Citizenship, 1, b.

ASSIGNEES AND INDORSEES (AS TO JURISDICTION OF FEDERAL COURTS). See Citi-
zenship, 3; Court of Claims, 2, c; Patents and Copyrights.

1. IN GENERAL.

2. ACTIONS ON BILLS AND NOTES.

3. ACTIONS ON OTHER CHOSES IN ACTION.

4. UNDER ACT OF MARCH 3, 1875.

1. IN GENERAL.

when a note has been merged in a judgment no question of assignment remains.
Courts, SS 888, 1274. See §§ 1272-73.

suit which could not be originally commenced may be removed. Courts, §§ 864, 923.
citizenship of holder of note payable to bearer controls. Courts, $$ 994, 1161, 1204,
1242-48.

vendee of leased land may sue on lease, it seems, without assignment. Courts, § 1096.
See Citizenship, 3.

the restriction does not apply to removal cases. Courts, SS 1149, 1181-82.

whether United States could have maintained suit when its assignor could not, under
act of 1789, is uncertain; if so, it may do so under the act of 1815. Courts, §§ 1160,
1202, 1203.

that the plaintiff bought the land in order to bring suit, the grantor being incompetent
to do so, immaterial. Courts, §§ 1171, 1219.

an actual transfer will give jurisdiction, colorable not. Courts, $$ 1172, 1224, 1228,
1239.

transfer of land to relative, without payment, and immediate suit, held collusive.
Courts, SS 1173, 1226.

transfer of note by bank as collateral, without pledgee's knowledge, collusive.

§ 1174, 1227.

Courts,

transfer of land without payment, to be reconveyed in default of payment, and imme-
diate payment, collusive. Courts. §§ 1175, 1228. See §§ 1177, 1230.

transfer of note in good faith to bring suit, without notice of such object to assignee,
valid. Courts, §§ 1176, 1229.

a formal transfer, without consideration, to bring suit, not sustained.

1231-32.

transfers to sue, when good; when not. Courts, SS 1288-1305.

how objection to colorable transfer taken. Courts, § 1295.

citizenship at time of suit governs. Courts, § 1277.

executor or administrator not an assignee. Courts, § 1278.
otherwise of receiver, being a trustee. Courts, § 1279.

conveyance pending suit immaterial. Courts, $1281.

Courts, §§ 1178,

damage suit for neglect to pay note; assignment immaterial. Courts, § 1282.
so of suit for failure to protest and give notice. Courts, § 1283.

suit to avoid fraudulent conveyance made to defeat judgment on assigned note
upheld. Courts, § 1284.

pleading on money count, in action on note, what. Courts, § 1285.

when citizenship of assignor not disclosed, jurisdiction retained. Courts, §§ 1286-88.
provision as to assignees does not apply to suit by national bank in its own district,
under the national bank act. Courts, § 1457, 1471.

nor to suits by the United States Bank. Courts, § 1483.