ALIMONY - Continued.

a divorce a mensa et thoro no defense to suit on, granted in another
State prior thereto, 184.

See DIVORCE.

AMERICAN INTER-STATE LAW,

definition of, 3.

ANCILLARY ADMINISTRATION. See EXECUTORS AND ADMINISTATORS.
APPEAL,

effect of, as against a suit on the judgment in another State, 90.
APPEARANCE,

effect of, unauthorized on judgment, 102.

of fraudulent, 102.

gives jurisdiction of non-resident, 282.
by an attorney of non-resident, 282.

See JUDGMENT.

ASSETS. See DISTRIBUTION; EXECUTORS AND ADMINISTRATORS.

ASSIGNEE,

sued in U. S. court bar to suit in State court, 14, 15.
See ASSIGNMENTS.

ASSIGNMENTS,

foreign, whether good against resident creditors, 138.
which contravene the lex loci rei sitæ, 138.

of personalty, how far valid in other States, 204
of realty, must conform to the lex loci rei sitæ, 204.
under insolvent law as against subsequent, under bankrupt law, 329,
330.

ATTACHMENT,

See INSOLVENCY.

State cannot attach property in the hands of United States officer, 13.
State courts can restrain its citizens from suing out, in another State,
43, 44.

bonds given to United States Marshal, where suable, 57.

is a proceeding in rem, 124.

no personal judgment can be rendered, 124, 126.

unless defendant appears or is served, 124.

effect of the levy in, 125.

relation of the sale back to the levy, 125.

only the property levied on is bound, 125.

sale in, if regular carries title, 125.

judgment in, will not sustain an action, 126.

service in, if made in a different State, or by publication, will not sus-

tain a personal judgment, 126.-

the levy in, does not work a satisfaction, 127.

cannot be had against foreign corporation extending its road into the
State by virtue of a statute, 289.

how affected by subsequent bankruptcy, 327.

See GARNISHMENT; IN REM.

ATTESTATION AND SEAL,

law governing, 113.

See EVIDENCE.

B.

BANKRUPT LAWS,

BAR,

their effect on the jurisdiction of State courts, 326.
arrest proceedings in State courts, 326.

their effect on attachment proceedings, 326.

their effect on fixed liens, 327.

the lien may be enforced in State courts, 327.

See INSOLVENCY; INSOLVENT LAWS.

suit in U. S. court against an assignee, to a suit against the same in
State court, 14, 15.

judgments are, to suit on original demands, 89, 90.

judgment rendered in regard to matter occurring on Inter-State
boundary river, 343.

BASTARDY,

See ABATEMENT; BOUNDARY RIVER; JUDGMENT

suit on judgment rendered in another State, 91, 151.
penalty for, is local, 150-154.

discussed, 150-154.

child born of non-resident and out of the State, 150, 151.
statutes against not intended for the relief of other States, 150-154.
See STATUTORY ACTIONS; CRIMES.

BAYOUS,

subject to State control, 321.

BEQUEST,

of personal property, governed by what law, 196.
See WILLS; PERSONAL PROPERTY.

BIGAMY,

whether, if both marriages are foreign, 228.

See CRIMES.

BILLS AND NOTES. See NEGOTIABLE INSTRUMENTS

BONDS. See TAXATION; CONDITIONAL BONDS; OFFICIAL BONDS.
BOUNDARY RIVERS.

jurisdiction over, 336.

U. S. has admiralty jurisdiction over, 336.

right of common in, 335, 336.

territorial State boundary, 336, 337.

as to things permanent, 336.

jurisdiction, 336.

islands, 336.

other local objects, 336, 337.

what is the, 337.

States have concurrent jurisdiction over, 337.

that attaching first, holds, 338.

inequality and effect of the system, 338.

discussed, 338.

with reference to a criminal point of view, 338.

with reference to statutory actions, 339.

BOUNDARY RIVERS-Continued.

States have concurrent jurisdiction over- Continued.
Inequality and effect of the system - Continued.

acts committed by different persons, 339, 340.
acts prohibited by one, but allowed by the other
State, 340, 341.

with reference to contracts made thereon, 342.
instances of jurisdiction, 343.

judgment in one bar to suit in other, 343.

act on one side doing injury to mill on other side, 344.
may grant injunctions against doing certain acts on

other side, 346.

contract for carriage across, governed by what law,
346.

permanent erections in, where taxable, 345.

C.

CAPACITY-OF PERSONS TO CONTRACT,

as to personal matters, 190, 191.

governed by law of place where contract is made, 190, 191.

as to real property, 190, 191.

to marry,

governed by law of place where situated, 190, 191.

by what law governed, 191.

when done in evasion of the law of the domicile, the effect,
192.

subscriptions to, governed by law of company's residence, 203.

administrators appointed by courts of, 363.

CHILDREN-CUSTODY OF,

granted by court having jurisdiction is respected in other States. 183.
See INFANTS; GUARDIANS.

CIRCUIT COURTS OF UNITED STATES,

citizenship, how averred in suit in, 30.

amount necessary to give jurisdiction, how proved, 30.

administer State laws, 34.

how take notice of State laws, 34.

chancery proceedings in, how conducted, 34.

in matters of general commercial law, 35.

CIRCUIT COURTS OF UNITED STATES - Continued.
do not follow State forms or modes of proceedings, 35.
when they do, 35.

whether follow processes of highest State court, 36.
follow State constructions of State constitutions and laws, 86.
when not, 37.

CITIZENS,

who are, 19, 189.

See UNITED STATES COURTS.

of the States, 19.

how averred in suit in U. S. court, 30.

under the act governing removal of causes, 190.
foreign corporations not entitled to privileges of, 285, 286.
See REMOVAL OF CAUSES.

CIVIL LAW,

its recognition by the States, 4.

when recognized as governing courts, 4, 5.
not effective to enforce penalties, 4.

nor police regulations, 4.

nor offenses against the States, 4, 233.
nor statutory rights and remedies, 5.

as giving the right to sue, 22.

as giving extra-territorial force to laws, 167.
See EXTRA-TERRITORIAL FORCE OF LAws.

COMMERCE AMONG THE STATES,

meaning of the term, 309, 310.

under control of Congress, 309, 310.

States imposing impediments, 310, 311.

until controlled by Congress is free, 311.

State cannot discriminate against non-residents, 313.
extent of inhibition of State interference, 313.

State laws regulating vessels engaged in, void, 314.

police power of States over, 314.

State laws imposing tax for local benefits, void, 315.

State cannot impose tax upon inter-State traveler, 315

States cannot impose tax upon commanders of vessels as such, 316.
or for passengers whom they carry, 316.

States may tax vessels at the home port, 317.

but cannot be taxed in States where they temporarily are, 817.
ferry-boat cannot be taxed on both sides of the river, 318, 319.
pilotage may be regulated by Congress, 320.

in the absence of, States may regulate, 315, 320.
Federal courts have jurisdiction of suits for, 320.
warehouses and elevators subject to State control, 821.
State control of bayous and sloughs, 321.

COMMON CARRIERS,

what law governs contracts of, 59.

when affecting two or more States, 59.
See CORPORATIONS.

COMMON LAW,

how the basis of State jurisprudence, 29.
exists in the States, 33

presumption as to, 33, 34.

to what extent prevails, 33.

in what States not presumed to exist, 33.
no national, 34.

"COMMON LAW CIVIL JURISDICTION,"
meaning of, 29.

COMMON, RIGHTS OF,

in tide waters and waste places, 334.

is in the people of the State, 334.

State may restrict use of, to its own citizens, 334.
right of fishery, 335.

in navigable inland waters and land thereunder, 334.
belongs to the State, 334.

but subject to U. S. control of commerce, 335.

in inter-State boundary waters, 335.

extent of, 336.

See BOUNDARY RIVERS.

CONCLUSIVENESS OF JUDGMENT, 108.

See JUDGMENTS.

CONCURRENT JURISDICTION,

in cases of, the tribunal first obtaining jurisdiction has precedence,
12, 14.

in civil cases, 28.

of State and U. S. courts, 28.

extent thereof, 28.

in equity, 39.

how affected by removal of causes, 40.

See BOUNDARY RIVERS; CRIMINAL JURISDICTION; JURISDICTION.
CONDITIONAL BONDS,

actions on judgments rendered on, in other States, 95, 96.
CONFORMITY,

none between equity practice in State and U. S. courts, 40.
See CIRCUIT COURT OF UNITED STATES; UNITED STATES COURTS.
CONSOLIDATION,

of inter-State corporations, 291.

See CORPORATIONS.

CONSTRUCTION, RULES OF,

U. S. courts follow State courts, when, 30.

in construing State Constitutions and laws, 36, 84, 85.
when not, 37, 85, 86.

See RULES OF PROPERTY AND RIGHT; CIRCUIT COURTS OF UNITED STATES.
CONTRACTS,

what law governs, 45-50.