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

BY DAVID RORER,
In the Ofice of the Librarian of Congress, at Washington, D. C.

Rre. Cet: 30,1800,
Prej

HAZLITT & REED,

PRINTERS, 172 and 174 Clark St.

MARDER. LISE & Co.,

STEREOTYPERS. 139 and 141 Monroe St.

TABLE OF CONTENTS.

CHAPTER I.

Introduction......

1

CHAPTER II.

Comity - Natural Right - Law of Nations and Universal

Law....

4

CHAPTER III.

CORRELATION OF GOVERNMENT

CITIZENSHIP AND ALLEGIANCE

SUABILITY OF STATES.

1. State and National Sovereignty. Duality and Unity

of Government...

9

II. Citizenship and allegiance. ...

19

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

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 Frand..

22

22

23

2+

VII. Foreign Corporations, Execntors 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..

30

IV. Decisions of National Courts....

31

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

VI. Jurisdiction in Naturalization Proceedings..

32

CHAPTER VI.

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

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

II. United States Courts Administer State Laws..... 34

III. But not as to Forms of Process, unless Adopted ... 35

IV. Processes of State Courts may be Adopted ....

36

V. Rulings of State Courts: When Followed....

36

VI. National Powers and Jurisdiction of Courts not Af-

fected by State Laws...

37

CHAPTER VII.

INTER-STATE EQUITY JURISDICTION AND PRACTICE.

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

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

III. Jurisdiction in United States Courts of Executors and

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
CHAPTER VIII.

INTER-STATE LAW OF CONTRACTS.

I. The Law of the Contract..

45

II. The Law of Performance..

50

III. The Law of the Remedy.....

52

IV. Statutory Bonds made in State Proceedings

54

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

VI. Rule of Damages.....

58

VII. Contracts made with a View to Violate Law of an-

other State.....

58

VIII. Statute of Frauds

60

IX. Commercial Paper and Endorsement thereof...... 60

X. Mortgage Lien....

68

XI. Laborer's Lien ....

70

XII. Contracts of Affreightment.

71

XIII. Warehouse Receipts....

72

XIV. Stoppage in transitu .

73

XV. Inviolability of Contracts

75

XVI. Usury

80

CHAPTER IX.

RULES OF PROPERTY AND RIGIIT THE SAME IN STATE AND

NATIONAL CULRTS.

84

1. When the Local Rules of Law are followed by

United States Courts....

II. Blind Conformity to State Rulings not Required of

United States Courts ...

86

CHAPTER X.

ACTIONS AND SUITS ON JUDGMENTS AND DECREES.

I. Actions on Judgments of other States...

87

II. Actions on Decrees of other States..

92

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