Cases And Readings On the Jurisdiction And Procedure of the Federal Courts
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Pacific & A. Railway & Nav. Co. , 104 Fed. Rep. 377. The contention in the present case seems to be that because defendant could not sue plaintiffs in the circuit court of New York, or that of Pennsylvania, therefore plaintiffs could not sue defendant in the circuit court for the northern district of West Virginia. But this does not follow from the terms of the statute by which jurisdiction is conferred generally where plaintiffs are residents and citizens of states different from that of the r...esi- dence and citizenship of defendant ; and, moreover, defendant could, if it had a cause of action, have sued plaintiffs in the circuit court for the northern district of West Virginia and proceeded with the action if they were served with process in such district. The clause vesting jurisdiction should not be confounded with the clause determining the particular courts in which the jurisdiction must be exercised. Judgment reversed and cause remanded to be proceeded in according; to law. 288 FEDERAL COURTS JURISDICTION AND PROCEDURE.
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To quickly assess the difficulty of the text, read a short excerpt:
Pacific & A. Railway & Nav. Co. , 104 Fed. Rep. 377. The contention in the present case seems to be that because defendant could not sue plaintiffs in the circuit court of New York, or that of Pennsylvania, therefore plaintiffs could not sue defendant in the circuit court for the northern district of West Virginia. But this does not follow from the terms of the statute by which jurisdiction is conferred generally where plaintiffs are residents and citizens of states different from that of the r...esi- dence and citizenship of defendant ; and, moreover, defendant could, if it had a cause of action, have sued plaintiffs in the circuit court for the northern district of West Virginia and proceeded with the action if they were served with process in such district. The clause vesting jurisdiction should not be confounded with the clause determining the particular courts in which the jurisdiction must be exercised. Judgment reversed and cause remanded to be proceeded in according; to law. 288 FEDERAL COURTS JURISDICTION AND PROCEDURE.
What to read after Cases And Readings On the Jurisdiction And Procedure of the Federal Courts?
You can find similar books in the "Read Also" column, or choose other free books by George Washington Rightmire to read onlineMoreLess
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