States shall, for the purpose of all actions by or against them, real, personal, or mixed, and all suits. in equity, be deemed citizens of the States in which they are respectively located; and in such cases the circuit and district courts shall not have jurisdiction other than such as they would have in cases between individual citizens of the same State. (Act approved August 13, 1888; 25 U. S. Stats. 433, sec. 4, cl. 1.) § 90. Not to affect certain cases.-The provisions of this section shall not be held to affect the jurisdiction of the courts of the United States in cases commenced by the United States or by direction of any officer thereof, or cases for winding up the affairs of any such bank. (Id. cl. 2.) National banks.-The circuit court has jurisdiction of suits by or against national banks, without regard to citizenship. (Wilson Co. v. Nat. Bank, 103 U. Š. 770.) Section 629 of the Revised Statutes authorizes national banks to sue or be sued in the circuit courts (First Nat. Bank v. Douglas Co., 3 Dill. 298); subd. 10 of this section was not repealed by the Act of 1875 (Third Nat. Bank v. Harrison, 3 McCrary, 162); irrespective of citizenship or amount (Kennedy v. Gibson, 8 Wall. 498; Union Nat. Bank v. Chicago, 3 Biss. 82; Main v. Second Nat. Bank, 6 Biss. 26; First Nat. Bank v. Douglas Co., 3 Dill. 298; Foss v. First Nat. Bank, 1 McCrary, 474; but see St. Louis Nat. Bank v. Brinkman, 1 Fed. Rep. 46); it refers to associations as parties, and not to liabilities, or causes of action (Commercial Nat. Bank v. Summons, 8 Chic. L. N. 164); but it does not invest the circuit courts with exclusive jurisdiction; their jurisdiction is only concurrent with that of the State courts. (Pettilon v. Noble, 7 Biss. 449.) A national bank cannot sue in the circuit court in another district unless the amount is over five hundred dollars (St. Louis Nat. Bank v. Brinkman, 1 Fed. Rep. 45); and a cir cuit court has no jurisdiction of an action by the assignee of a national bank to restrain the sale of bonds deposited to secure its notes. (Van Antwerp v. Hulburd, 8 Blatchf. 282.) A national bank may sue the maker of a note assigned to it (Mitchell v. Walker, 36 Leg. Int. 64); or may sue on a coupon of a municipal bond. (First Nat. Bank v. Bennington, 16 Blatchf. 53.) The mere grant to a corporation of the right to sue does not imply a right to sue in the Federal courts. (Bank v. Deveaux, 5 Cranch, 61; Bank of U. S. v. Martin, 5 Peters, 479.) The tenth subdivision of this section has been repealed by statute (Acts of 188182, ch. 290, sec. 4), and a national bank cannot now maintain a suit against residents of its own State and judicial district. (Nat. Bank of Jefferson v. Fore, Cir. Ct. Tex., 25 Fed. Rep. 209.) A Federal court cannot issue a writ of attachment before final judgment against a national bank. (Butler v. Coleman, 124 U. S. 721.) The § 91. No appellate jurisdiction. last sentence of sec. 1 of the Act of March 3, 1875, 18 U. S. Stats. 470, conferring appellate jurisdiction upon circuit courts in suits arising in the district courts, was repealed by the Act of March 3, 1891, sec. 4. (Act creating the Circuit Court of Appeals, 26 U. S. Stats. 829.) § 92. Concurrent with court of claims. --The circuit courts of the United States shall have concurrent jurisdiction with the court of claims in all cases where the amount of such claim exceeds one thousand dollars and does not exceed ten thousand dollars, and all causes brought for trial shall be tried by the court without a jury. (24 U. S. Stats. 505, sec. 2. § 93 (637). Jurisdiction of cases trans ferred from district courts on account of disability, etc.-When any cause, civil or criminal, of whatever nature, is removed into a circuit court, as provided by law, from a district court wherein the same is cognizable, on account of the disability of the judge of such district court, or by reason of his being concerned in interest therein, or having been of counsel for either party, or being so related to or connected with either party to such cause as to render it improper, in his opinion, for him to sit on the trial thereof, such circuit court shall have the same cognizance of such cause and in like manner, as the said district court might have, or as said circuit [court] might have if the same had been originally and lawfully commenced therein; and shall proceed to hear and determine the same accordingly. (Rev. Stats. sec. 637; see secs. 587, 601.) § 94 (638). Courts always open for certain purposes.-The circuit courts, as courts of equity, shall be deemed always open for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, rules, and other proceedings, preparatory to the hearing, upon their merits, of all causes pending therein. And any judge of a circuit court may, upon reasonable notice to the parties, make and direct and award, at chambers or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable, of course, according to the rules and practice of the court. Rev. Stats. sec. 638.) §. 95 (630). In Bankruptcy.-The circuit courts shall have jurisdiction in matters in bankruptcy, to be exercised within the limits and in the manner provided by law. (Rev. Stats. sec. 630.) CHAPTER VIII. JURISDICTION OF REMOVAL OF CAUSE FROM STATE COURT. § 96. Jurisdiction as governed by the subject-matter of the action. § 100. § 101. Removal of cause for prejudice or local influence, Act of 1867. § 102. Remand of cause removed on ground of prejudice and local influence. § 103. Suits involving title under grants from different States. § 104. § 105. Removal of cause against persons denied any civil rights, etc § 106. Removal of suits and prosecutions against revenue officers and officers acting under registration laws. § 111. § 112. Time to file record-Misfeasance of clerk-Certiorari § 117. Division of opinion in civil causes-Decision by presiding judge. § 118. Division of opinion in criminal causes-Certificate. § 119. Division of opinion in civil causes-Certificate. § 96. Jurisdiction as governed by the subject-matter of the action. That any suit of a civil nature, at law or in equity, arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, of which the circuit courts of the United States are given original jurisdiction FED. PROC.-26. |