...1939—Decided November 22, 1939. 1. Section 51 of the Judicial Code, as amended, which provides that "no civil suit shall be brought in any district court...residence of either the plaintiff or the defendant," merely accords to the defendant a personal privilege of objecting to the venue of suits brought against...

...also as to the question wnetner tne general provision thus quuted is limited by the subsequent § 51, "Where the jurisdiction is founded only on the fact...residence of either the plaintiff or the defendant." It often happens that a suit is brought in a State Court between citizens of different States in a...

...in dispute exceeds, exclusive of interest and costs, the sum or value of $2,000 ; and provides that, 'where the jurisdiction is founded only on the fact...residence of either the plaintiff or the defendant.' 24 Stat. 552, 25 Stat. 433 [US Comp. St. 1901, p. 514]. The circuit courts of the United States are...

...sufficient under the acts of Congress, that court has jurisdiction, although it may not be brought in the district of the residence of either the plaintiff or the defendant. The essential jurisdictional facts in such a case are the diverse citizenship and the amount in controversy....

...founded only on the fact that the action is hetween citizens of different states, suits shall he hrought only in the district of the residence of either the plaintiff or the defendant. The conflicting decisions on these points are thus summarized hy Mr. Boston (88 Central Law Journal...

...relate to the title of the act known as the Judicial Code. Section 51 provides in part as follows: "No civil suit shall be brought in any District Court...district of the residence of either the plaintiff or defendant." Uomp. St. 1916, § 1033. The first clause of the section above quoted requires an action...

...section 1 : "Xo civil suit shall be brought before either of said courts [the district or circuit] against any person by any original process or proceeding...district of the residence of either the plaintiff or defendant." 25 St. at Large, 434. This suit is not founded on diverse citizenship, and does not fall...

...shall be brought before either ot the federal courts of original jurisdiction against any person or by any original process or proceeding in any other...brought only in the district of the residence of either plaintiff or defendant Held, that the restriction as to venue is not applicable to local actions, and...

...and harmonious. The act would then provide that no civil suit shall be brought against any person "in any other district than that whereof he is an inhabitant;...residence of either the plaintiff or the defendant, but if there are two or more defendants residing in different districts of the state, it may be brought...

...brought before either of said courts against any person, by any original process or proceedings, in any other district than that whereof he is an inhabitant;...residence of either the plaintiff or the defendant." The apparent contradiction of these clauses of the act gave rise to much controversy, but the question...