Entered according to Act of Congress, in the year 1879,

BY DAVID RORER,

In the Office of the Librarian of Congress, at Washington, D. C.

TABLE OF CONTENTS.

CHAPTER I.

Introduction.....

1

CHAPTER II.

Comity - Natural Right-Law of Nations and Universal

Law...

4

I. State and National Sovereignty. Duality and Unity

of Government..

....

II. Citizenship and allegiance.

III. Suits between two or more States.....

9

19

20

IV. Suit against a State by a Citizen of another State... 21

CHAPTER IV.

INTER-STATE RIGHT OF SUIT

--

JURISDICTIONAL REQUISITES.

I. A Constitutional Right, as well as by Comity.....

II. Personal Jurisdiction: When Necessary.

III. Proceedings in rem...

IV. Sealed and Unsealed Instruments.....

V. Non-Residents Personally Suable if Found and

Served......

VI. Jurisdiction Obtained by Fraud.

VII. Foreign Corporations, Executors and Administrators. 26

VIII. Service on a Member of a Firm, as against a Non-

Resident Member thereof...

27

CHAPTER V.

CONCURRENT CIVIL JURISDICTION, STATE AND NATIONAL.

I. Extent Thereof..

28

II. Suit in Name of Legal Owner in United States Circuit

Court.....

... 29

III. Citizenship and Proof of Value in Controversy in

United States Courts....

IV. Decisions of National Courts....

V.

30

31

Jurisdiction of two or more Districts in one State.... 31

VI. Jurisdiction in Naturalization Proceedings.

CHAPTER VI.

32

COMMON LAW, CIVIL LAW AND LAW OF STATE AND NATIONAL COURTS.

II.

I. The Common Law and Civil Law as State Laws...... 33

United States Courts Administer State Laws.....

III. But not as to Forms of Process, unless Adopted

IV. Processes of State Courts may be Adopted..

V. Rulings of State Courts: When Followed..

VI. National Powers and Jurisdiction of Courts not Af

fected by State Laws...

34

35

36

36

37

CHAPTER VII.

INTER-STATE EQUITY JURISDICTION AND PRACTICE.

I. Concurrent State and National Equity Jurisdiction... 39

Equity Practice and Rules in United States Courts... 40

Jurisdiction in United States Courts of Executors and

II.

III.

Administrators....

41

IV.

Enjoining judgment of United States Court in same

Court....

42

V. State Court may act by Injunction on Person of Defend-

ant to Prevent Suit in another State....

42

V. Statutory Bonds taken in National Proceedings.... 56

VI. Rule of Damages..

58

VII.

Contracts made with a View to Violate Law of an-

RULES OF PROPERTY AND RIGHT THE SAME IN STATE AND

NATIONAL COURTS.

I. When the Local Rules of Law are followed by

United States Courts...

84

II. Blind Conformity to State Rulings not Required of

United States Courts ...

86

III. Actions in State Court and United States Court on

Judgments of Either .....

94

IV. Action on Conditional and Interlocutory Judgments. 95

V. Action on Joint Judgment.....

96