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decision of the court.1 18 A motion for execution will not be granted until after the session of the legislature succeeding the decision.19 In a suit to settle a disputed boundary, the most appropriate mode of proceeding is by bill and cross-bill.20 In suits against a State the practice is very liberal, and the utmost liberality is exercised by the court in the correction of slips of practice or errors.21

The allegation that a defendant corporation is a "body politic in the law of and doing business in the State of California" is insufficient to establish that the defendant is a California corporation, and is insufficient to show that the defendant is not a Pennsylvania corporation.22

The appellate jurisdiction of the Supreme Court is explained in the final chapter of this work. Incidental to such appellate jurisdiction, the Supreme Court has power in certain limited cases to issue writs of prohibition,23 mandamus,24 habeas corpus,25 certiorari,26 scire facias,27 and other writs.28

§ 4. The jurisdiction and terms of the circuit courts of appeals and the judicial circuits. There are nine Circuit Courts of Appeals, one in each circuit.1 Their jurisdiction is exclusively appellate, and will be explained in the concluding chapter of this work. It includes the power to review, to set aside and to enforce the orders of the Federal Trade Commission, la Incidental to such appellate jurisdiction, they have the power to issue all writs not specifically provided for by statute, which

18 Virginia v. West Virginia, 241 U. S. 531.

19 Ibid.

20 Missouri v. Iowa, 7 How. 660, 12 L. ed. 861.

21 Iowa v. Illinois, 151 U. S. 238, 38 L. ed. 145; Rhode Island v. Massachusetts, 13 Pet. 23, 10 L. ed. 41; Virginia v. West Virginia, 234 U. S. 117.

It has been said that, even in a case which should be disposed of without undue delay, "a State cannot be expected to move with the celerity of a private business man; it is enough if it proceeds, in the language of the English Chancery, with all deliberate speed." Virginia

v. West Virginia, 222 U. S. 17, 56 L. ed. 71.

22 Pennsylvania v. Quicksilver Co., 10 Wall. 553, 19 L. ed. 998.

23 Jud. Code, 234, 36 St. at L. 1087. Sec infra, § 456. 24 Infra, § 457.

25 U. S. R. S., § 751. See infra, § 461.

26 Ibid. See infra, $$ 460, 689. 27 Jud. Code, § 262, 36 St. at L. 1087. See infra, $469.

28 Ibid. See infra, §§ 455, 459. § 4. 1 Jud. Code, § 116, 36 St. at L. 1087.

1a 38 St. at L. 719, $5, Comp. St., § 8836e, infra, § 77h.

are necessary for the exercise of their respective jurisdiction and agreeable to the usages and principles of law.2

The territorial jurisdiction of the Circuit Courts of Appeals is as follows: The First Circuit includes the district of Rhode Island, Massachusetts, New Hampshire, Maine, and Porto Rico.3 The Second Circuit includes the districts of Vermont, Connecticut and New York. The Third Circuit includes the districts of Pennsylvania, New Jersey, and Delaware. The Circuit Court of Appeals there in proper cases reviews the decisions of the courts of the Virgin Islands.3a The Fourth Circuit includes the districts of Maryland, Virginia, West Virginia, North Carolina and South Carolina. The Fifth Circuit includes the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. Final decisions of the District Court of the Canal Zone are reviewed in proper cases by the Circuit Court of Appeals for the Fifth Circuit. The Sixth Circuit includes the districts of Ohio, Michigan, Kentucky, and Tennessee. The Seventh Circuit includes the districts of Indiana, Illinois, and Wisconsin. The Eighth Circuit includes the districts of Colorado, Arkansas, Iowa, Kansas, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Utah, and Wyoming. The Ninth Circuit includes the districts of Arizonia, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.6 Final decisions of the District Court for Alaska and the United States Court for China, are reviewed in proper cases by the Circuit Court of Appeals for the Ninth Circuit.

The term of the Circuit Court of Appeals for the First Circuit is held in the City of Boston, Massachusetts, on the first Tuesday of October at 10 A. M. Stated sessions thereof are held at the same hour on the first Tuesday of every month. The

2 Ibid. § 262. See infra, § 455. 3 Ibid. 116 as Am'd. 36 St. at L. 1131; 38 St. at L. 803; Comp. St. § 1107; 39 St. at L. 966; Comp. St. 3803r. Wilder's S. S. Co. v. Low, C. C. A., 112 Fed. 161.

3a 39 St. at L. 1132. The local tribunals on those islands retain the jurisdiction which they had before the cession. Ibid.

437 St. at L. 565, §9; Comp. St. § 10045.

5 Jud. Code, §§ 116, 133. Wilder's S. S. Co. v. Low, C. C. A., 112 Fed. 161.

6 Ibid. § 116.

7 Ibid. § 135.

8 Act of June 30, 1906, 34 St. at L. 814.

clerk's office is in the City of Boston. The term of the Circuit Court of Appeals for the Second Circuit is held in the City of New York on the third Tuesday of October. The clerk's office is in the City of New York. The terms of the Circuit Court of Appeals for the Third Circuit are held in the City of Philadelphia on the first Tuesday of March and the first Tuesday of October. The clerk's office is in Philadelphia. The terms of the Circuit Courts of Appeals for the Fourth Circuit are held in the City of Richmond, Virginia, on the first Tuesday of February, the first Tuesday of May and the first Tuesday of November. Special sessions of the court are held at Richmond, Virginia, on the second Tuesday of every month of the year, except in those months in which regular terms are held, and at Asheville, North Carolina, at such time as may be fixed by the judges thereof.9 The clerk's office is in Richmond. The terms of the Circuit Court of Appeals for the Fifth Circuit are held: at Atlanta, Georgia, on the first Monday in October; at Montgomery, Alabama, on the third Monday in October; at Fort Worth, Texas, on the first Monday in November; at New Orleans, Louisiana, on the third Monday in November. The clerk's office is in New Orleans. All appeals, writs of error and other appellate proceedings, taken or prosecuted from the District Courts in the State of Georgia, are heard and disposed of at the term of the Circuit Court of Appeals held in Atlanta, and all such, taken or prosecuted from the District Courts of Texas, held at Beaumont in the Eastern District of Texas, are heard at the term of the Court of Appeals held at New Orleans; with the exception in both districts of appeals from orders of injunctions and other cases, which, under the statutes and rules or in the opinion of the court, are entitled to be brought to a speedy hearing. The term of the Circuit Court of Appeals for the Sixth Circuit is held in the City of Cincinnati, Ohio, on the Tuesday after the first Monday of October, and adjourned sessions on the Tuesday after the first Monday of each other month in the year, except August and September. At the July sessions, no cases are heard except upon special order of the court. The clerk's office is at Cincinnati. The term of the Circuit Court of Appeals for the Seventh Circuit is held at Chicago, Illinois, on the first Tues

9 C. 246, 39 St. at L. 385, Comp.

St. § 1118a.

day in October and continues until the first Tuesday of October of the succeeding year. Unless otherwise specially ordered, the court holds at Chicago three sessions for the hearing of causes during each term, beginning of the first Tuesdays in October, January and May. The clerk's office is in Chicago. The terms of the Circuit Court of Appeals for the Eighth Circuit are held: at St. Paul, Minnesota, on the first Monday of May; at Denver, Colorado, on the first Monday of September; and at St. Louis, on the first Monday of December. The clerk's office is at the City of St. Louis. Cases from Minnesota, North Dakota, South Dakota, Nebraska, Iowa, Kansas, Missouri, Arkansas, Oklahoma and the Indian Territory in which transcripts are filed on or before the 1st day of April, and cases from Colorado, Utah, Wyoming and New Mexico in which transcripts and stipulations of the parties for their hearing at the May term in St. Paul are filed on or before the 1st day of April, and those only, are heard at the succeeding May term of the court in St. Paul. Cases from Colorado, 'Wyoming, Utah and New Mexico in which transcripts are filed on or before the 1st day of July, and cases from the remainder of the Circuit in which transcripts and stipulations of the parties for their hearing at the September term in Denver are filed on or before the 1st day of July, and those only, are heard at the succeeding September term in Denver. Cases from Minnesota, North Dakota, South Dakota, Nebraska, Iowa, Kansas, Missouri, Arkansas, Oklahoma and the Indian Territory in which transcripts are filed on or before the 1st day of October, and cases from Colorado, Wyoming, Utah and New Mexico in which transcripts and stipulations of the parties for their hearing at the December term in St. Louis are filed on or before the 1st day of October, and those only are heard at the succeeding December term in St. Louis. The term of the Circuit Court of Appeals for the Ninth Circuit is held at San Francisco, California, on the first Monday of October. The clerk's office is at San Francisco, California,10

10 Jud. Code, § 126, 36 St. at L. 1087; U. S. R. S., § 604; 25 St. at L. 676; 26 St. at L. 830; 139 U. S. 707; 26 St. at L. 217; 33 St. at L. 59, 249, 548; 31 St. at L. 414. Orig

inal Rules of C. C. A., 150 Fed. xxv. Amended Rules of C. C. A., 150 Fed. xxxvii, and Fed. R., passim, reprinted in Appendix.

It seems that the term of a Circuit Court of Appeals may be extended.11

§ 5. Jurisdiction of the District Courts in general. The unit of Federal territorial jurisdiction is in the judicial district. There is at least one district in each State of the Union. Some of the States are divided into several districts. And some districts are divided into two or more divisions. The jurisdiction of the District Courts is thus defined by statute:

"The district courts shall have original jurisdiction as follows: First. Of all suits of a civil nature, at common law or in equity, brought by the United States, or by any officer thereof author. ized by law to sue, or between citizens of the same State claiming

3

11 Guaranty Tr. Co. v. Metropoli. tan Ry. Co., C. C. A., 177 Fed. 925. $5. 1 Jud. Code, §§ 69, 115, infra, § 64.

2 Such is a suit by the United States for the use of anyone of the five civilized tribes of Indians, including the Creek Nation, under Acts of March 1, 1901, Ch. 676, § 10, 31 St. at L. 864, and April 26, 1906, Ch. 1876, § 18, 34 St. at L. 144, to cancel patents or deeds to town lots obtained by fraud for less than the statutory price, or otherwise, for the collection of any money or recovery of any land claimed by any of said tribes." U. S. v. Rea-Read Mill & Elevator Co., 171 Fed. 501. It has been held that a suit by an individual upon a marshal's bond cannot be maintained in a Federal court unless the matter in dispute exceeds the jurisdictional amount, Pierson v. Phillips, 36 Fed. 837; and that such a suit upon a bond given by a contractor for the construction of a public work to secure payment to laborers and material man may be, irrespective of the amount involved, U. S. Fidelity & G'y Co. v. U. S. for the benefit

of Kenyon, 204 U. S. 349, 51 L. ed. 516. See infra, § 5a.

3 This includes actions by the receiver of a national bank appointed by the comptroller, Johnson v. Rankin (Texas), 95 S. W. 665; infra, $ 35. It seems that a suit by an agent of the stockholders of a national bank, appointed in pursuance with the Revised Statutes, falls within this clause. Snohomish County v. Puget Sound Nat. Bank, 81 Fed. 518; Guarantee Co. v. Hanway, C. C. A., 104 Fed. 369; Weeks v. International Trust Co., C. C. A., 125 Fed. 370, 373. Where the plaintiff, who was receiver of a national bank, assigned his cause of action to one of the defendants after the commencement of the suit, the suit was dismissed, Weaver v. Kelly, C. C. A., 92 Fed. 417, 34 C. C. A. 423. For cases brought by receivers appointed by the Federal courts, see infra, § 34. It has been said that this does not include an action by an independent contractor with the United States to protect an unlawful interference with work for the Government. Pickering Land & Timber Co. v. Wisby, 242 Fed. 993. Contra, Wagner Elee. Mfg. Co. v. District

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